An order had been made against the husband, upon the dissolution of a marriage, securing an annual sum for the maintenance of the wife and their child that was to be agreed upon or referred to the district registrar. The order envisaged contuation after the husband’s death. The husband died before the security had been specified and the wife applied to enforce the order against the executor of the husband’s estate.
Held: The order had laid down what was to be done and how it was to be done, and on the basis of the maxim certum est quod certum reddi potest (it is certain if it is capable of being rendered certain), it was held that the order created an enforceable claim, which survived the husband’s death. On the true construction of the order the intention was initially to charge the entire estate, until specific security was granted.
Judges:
Sachs J
Citations:
[1956] P 26
Statutes:
Law Reform (Miscellaneous Provisions) Act 1934 1(1)
Cited by:
Cited – Harb v King Fahd Bin Abdul Aziz and Another CA 9-Nov-2005
The wife sought to continue her claim for ancillary relief despite the death of her husband, the former King of Saudi Arabia.
Held: The court’s jurisdiction over the King had been challenged. However the claimants claim now abated on the death . .
Cited – Barder v Barder; Barder v Caluori HL 1988
Later Event no ground to appeal from consent order
The matrimonial home had been owned jointly by the husband and wife. In divorce proceedings, an order was made by consent that the husband should transfer his interest in the home to the wife within 28 days. Before the order had been executed, the . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 30 April 2022; Ref: scu.235889