The parties had divorced. The wife alleged a serious assault against her husband, and instructed a claims firm to recover damages from him. Her ancillary relief claim in the divorce was compromised with her having sought to rely upon the assault, but without mentioning having instructed the claims firm. The husband resisted these proceedings for … Continue reading Ganesmoorthy v Ganesmoorthy: CA 16 Oct 2002
The parties disputed an ancillary relief claim on their divorce. The husband had been suicidally depressed. The wife had committed adultery over a long time and also assisted her husband’s failed suicide. The husband now sought to rely upon her behaviour, saying it would be inequitable to ignore it. Held: The husband’s appeal was allowed. … Continue reading Kyte v Kyte: CA 22 Jul 1987
The parties had been married before and had signed a prenuptial agreement. Held: Thorpe LJ set out the duties of a judge in ancillary relief applications: ‘A judge has to do fairness between the parties, having regard to all the circumstances. He must be free to include within that discretionary review the factors which compelled … Continue reading G v G (Financial Provision: Separation Agreement): CA 28 Jun 2000
The court considered an application for ancillary relief. The assets were substantial, but before the judge was to deliver his judgment he accepted evidence from the husand that the sale of his business had fallen through and H’s income substantially reduced.The judge had achieved a clean break by allocating properties to the respective parties, giving … Continue reading Wells v Wells: CA 20 Mar 2002
Appeals were made against orders for periodical payments made against high earning husbands. The argument was that if the case of White had decided that capital should be distributed equally, the same should apply also to income. Held: The distinction between capital and income awards is no longer conclusive, having arisen in part from historical … Continue reading McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004
The court urged caution in a judge using his own experience of the property market by way of judicial notice: ‘[W]herever it is to be argued that the wife could find alternative accommodation for herself out of her share of the equity, whatever that may be . . there should be evidence put before the … Continue reading Martin v Martin: CA 10 Mar 1977
The court has no power to dismiss an applicant’s claim for periodical payments against her will. Citations: [1981] Fam 31, [1980] 1 FLR 286 Statutes: Matrimonial Causes Act 1973 25 Jurisdiction: England and Wales Cited by: Mentioned – Miller v Miller; McFarlane v McFarlane HL 24-May-2006 Fairness on Division of Family Capital The House faced … Continue reading Dipper v Dipper: CA 1980
In ancillary relief proceedings, the husband had not made frank disclosure of his assets. The final Calderbank offer of andpound;600,000 was made only the day before the substantive hearing. The offer was rejected. The judge awarded the wife a lump sum of andpound;1 million. The judge made no order as to costs after the date … Continue reading Gojkovic v Gojkovic (No 2): CA 1 Apr 1991
The parties had been married for only a few weeks. The wife sought ancillary relief. Held: The marriage had been preceded by a pre-marital or pre-nutial agreement, under which if the husband sought a divorce (a talaq) she would recover her marriage portion, but if she did (a kuhla), she would have to negotiate a … Continue reading N A v M O T: FD 30 Jan 2004
The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, … Continue reading Moorhead v Moorhead: ChNI 11 Jan 2002
The court considered the division of family assets on an ancillary relief application where a family company assets were involved but the assets had been divided equally: ‘The parties have, perhaps unusually, ordered their affairs during the marriage to achieve equality and to eliminate any potential for gender discrimination. They had in effect elected for … Continue reading Parra v Parra: CA 20 Dec 2002
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make assumptions about the roles taken by the parties according to their sex, and the … Continue reading Cowan v Cowan: CA 14 May 2001
The wife committed suicide six months after the ancillary relief order. The husband sought to re-open out of time the ancillary relief order and to reclaim the sum paid from the estate. Held: Where an ancillary relief order came to be reconsidered because its basis had been undermined by supervening events, the court should look … Continue reading Smith v Smith: CA 20 Feb 1991
Appeal from order setting aside decree absolute of divorce – finding of fraud as to length of separation. Judges: Lord Justice Moylan Citations: [2020] EWCA Civ 1740 Links: Bailii Statutes: Matrimonial Causes Act 1973 Jurisdiction: England and Wales Family Updated: 25 May 2022; Ref: scu.656881
The Customs appealed an order allowing a judge in divorce ancillary relief proceedings to make an order transferring the matrimonial home and two life policies in such a way as would defeat their attempt to enforce recovery under the 1994 Act. Held: The customs had not established that the 1994 had any statutory priority. Both … Continue reading Commissioners of Customs and Excise v A: A v A: CA 22 Jul 2002
The parties were divorced, but when the husband applied for ancillary relief, the wife petitioned for nullity on the basis that the marriage was bigamous. The husband countered that she had known that his first marriage had only ended after this marriage. His application was struck out under 25(2)(g) Held: The husband’s application was re-instated … Continue reading Sudershan Kumar Rampal v Surendra Rampal: CA 19 Jul 2001
The couple being joint tenants of the matrimonial home had applied for its purchase form the Council. Divorce proceedings commenced and she purported to terminate the joint tenancy. He applied to set aside the notice, and the Local Authority intervened. Neither the right to buy, nor the notice to terminate were dispositions of property, and … Continue reading Bater v Greenwich London Borough Council: CA 28 Sep 1999
Citations: (1981) Fam Law 243 Statutes: Matrimonial Causes Act 1973 37 Cited by: Applied – Shipman v Shipman FD 1991 W sought an order under s37 of the 1973 Act restraining H in divorce proceedings from disposing of or dealing with $300,000, or one half of his severance pay, whichever was the greater, pending determination … Continue reading Roche v Roche: CA 1981
The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable residence. The court reduced the specific legacy and made an order … Continue reading Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec): ChD 26 Jan 2001
The court set out a series of principles applicable in ancillary relief cases where the resources exceeded the strict needs of the parties, including that the court should not make allowance for a spouse’s desire to be able to leave a sum to her children by her will, and ‘. . . the word ‘needs’ … Continue reading Preston v Preston: CA 1982
A marriage celebrated outside England under a system of law permitting polygamy is not to be regarded as polygamous for the purpose of s.11(d) (or presumably for other purposes) if neither spouse had capacity to enter into a second marriage, such capacity being determined by the law of the domicile of the spouse in question … Continue reading Hussain v Hussain: CA 1983
The court considered whether it was possible to make an adoption order notwithstanding that the applicants had separated as a couple. Held: In making the order the court took into account the following: (a) the advantage to the child of becoming a child of the family from an emotional and social perspective, (b) the financial … Continue reading In Re WM (Adoption: Non-Patrial): FD 1997
The parties in ancillary relief proceedings sought orders for discovery. H had been to the wife’s flat surreptitiously on five occasions, and taken photocopies of so many documents obtained by him in the course of those visits (but returned after photocopying) that the photocopies themselves would now ‘fill a crate’, as the judge was told. … Continue reading Hildebrand v Hildebrand: 1992
In deciding financial settlement, the court can consider contribution made by the Wife through her own special skills to the husband’s business. One could not sensibly fit an allowance for contribution into an analysis of a wife’s needs. That would do violence to language and to section 25(2), where contribution and needs are set out … Continue reading Conran v Conran: FD 14 Jul 1997
A section 27 claim cannot be pursued by a surviving spouse. Black J said: ‘It is clearly established that until an ancillary relief order has been made, an ancillary relief claim is not a cause of action. This appears to be because of the discretionary nature of ancillary relief, someone seeking ancillary relief may establish … Continue reading McMinn v McMinn: 2003
The nature of the family assets may be taken into account when considering how they are to be divided in ancillary relief proceedings on divorce, where these are businesses which will be crippled or lose much of their value, if disposed of prematurely in order to fund an equal division. Coleridge J said: ‘In the … Continue reading N v N (Financial Provision: Sale of Company): FD 2001
The court considered the argument that a wife’s maintenance pending suit should be limited to her reasonable needs: ‘I do not accept that argument for the following reasons. The purpose of the 1970 Act was to change statutory provisions that were outdated and inadequate and to make a new start. Although the word ‘maintenance’ was … Continue reading G v G (Maintenance Pending Suit: Costs): FD 2003
The husband and his wife agreed that in consideration, inter alia, of the wife consenting to the husband divorcing her on the ground of two years’ separation and consent, he would transfer the matrimonial home to her, and she would take over responsibility for the mortgage. A decree absolute was made on the husband’s petition … Continue reading Sutton v Sutton: 1984
Where a party alleges that the other has made a nil contribution to the welfare of the family, the case must be advanced under s25(2)(g). Citations: [2001] Family Law 656 Statutes: Matrimonial Causes Act 1973 25(2)(g) Jurisdiction: England and Wales Cited by: Cited – Miller v Miller; M v M (Short Marriage: Clean Break) CA … Continue reading Wells v Wells: FD 2001
The parties had married in 1973, separated in 1976, and divorce proceedings begun in 1977. W suffered bad health and did not work. H had a position as a senior editor of a newspaper. Held: The periodical payments order should provide support for W during her ill health, but not for life. A lump sum … Continue reading Robertson v Robertson: FD 1982
The court was asked whether a wife under an (actually) polygamous marriage, entered into under the rites of the Moslem religion, was competent to give evidence against her husband. It was conceded that ‘in English law generally’ the lady was not the co-accused’s wife; but even so, it was argued, she was to be treated … Continue reading Regina v Junaid Khan: CACD 1987
Both parties sought a variation of a maintenance order. The former husband sought to be allowed to pay a sufficient capital sum to his former wife to commute the payment in her favour. Held: Provided the sum could be paid and the result would not prejudice the arrangements for the children the variation sought by … Continue reading S v S: FD 1986
The wife, following divorce, applied for a lump sum order to be made against the husband but then she added a claim under s.17 of the Act of 1882 for a declaration that she had an interest, for which the husband should account to her, in the assets of two public houses which together they … Continue reading Fielding v Fielding: CA 1977
H and W agreed a consent order following a divorce under which H was to pay W andpound;13,000 from his half-share of the matrimonial home in settlement of W’s claims for financial provision for herself. Both consulted solicitors and the agreement was reached without affidavits having been filed. The agreement was embodied in a court … Continue reading Wales v Wadham: FD 1977
Second application for a legal services payment order Judges: Mrs Justice Roberts Citations: [2020] EWHC 3087 (Fam) Links: Bailii Statutes: Matrimonial Causes Act 1973 22ZA Jurisdiction: England and Wales Family, Legal Aid Updated: 04 May 2022; Ref: scu.656332
H had mortgaged the matrimonial home to release funds to support his lifestyle. The bank knew about the family circumstances and the mortgage was set aside at first instance. W applied to have the charge set aside. Held: The application failed. The charge had been executed long before W had commenced her claims. The Court … Continue reading Kemmis v Kemmis (Welland and Others Intervening): CA 1988
A finding in ancillary relief proceedings is not binding on others who were not themselves parties, and third parties should be allowed to be joined if necessary.Lord Denning MR said: ‘It seems to me that, under section 24 of the 1973 Act, if an intervenor comes in making a claim for the property, then it … Continue reading Tebbutt v Haynes: 1981
To succeed in an appeal against an ancillary relief order, the appellant should be able to show some procedural irregularity or that, in conducting the necessary balancing exercise, the district judge has taken into account matters which were irrelevant or ignored matters which were relevant or has otherwise arrived at a conclusion which was plainly … Continue reading Cordell v Cordell: 2002
H had transferred his interest in the jointly owned matrimonial home to W for her promise to have sole liability for the mortgage debt. Nearly a year later her divorce claim for capital provision was dismissed by consent on the basis that H had already transferred his interests to W. H was bankrupted, and his … Continue reading Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993
The court explained the absence from the check list in the section of any mention of the welfare of a child of the family. Judges: Hale J Citations: [1999] 1 FLR 152 Statutes: Matrimonial Causes Act 1973 25A Cited by: Cited – Morgan v Hill CA 28-Nov-2006 The father appealed an award of periodical payments … Continue reading J v C (Child’s Financial Provision): 1999
The judge had ordered the father to make money settlements on his daughters which had no relation to accommodation or their need during minority. Held: The judge had gone quite ouside the jurisdiction of the Act, and the appeal succeeded. Children are entitled to a suitable home, to an upbringing, and to an education which … Continue reading Lord Lilford v Glyn: CA 1979
Citations: [1994] 2 FLR 801, [1994] 2 FCR 1031 Statutes: Matrimonial Causes Act 1973 25(2)(g) Cited by: Cited – Miller v Miller; M v M (Short Marriage: Clean Break) CA 29-Jul-2005 The parties contested ancillary relief where there had been only a short marriage, but where here were considerable family assets available for division. The … Continue reading H v H (Financial Provision: Conduct): 1994
A delay in presenting or prosecuting a claim for ancillary relief and an inability to show need when the claim is determined may result in a smaller award or even a nil award. Citations: [1979] 1 FLR 10 Statutes: Matrimonial Causes Act 1973 Cited by: Cited – G v G and Another FdNI 25-Oct-2003 There … Continue reading Chambers v Chambers: 1979
H drank excessively and was unemployed. In the divorce he made an application for ancillary relief against the offer from W to share the proceeds of sale of the house equally. Held: H was homeless and unemployed. His behaviour was such as should be taken into account, but his needs required provision of a sum … Continue reading K v K (Ancillary Relief): 1990
The court considered the way of distributing property purchased by an unmarried couple: ‘When such a relationship comes to an end, just as with many divorced couples, there are likely to be disputes about the distribution of shared property. How are such disputes to be decided? They cannot be decided in the same way as … Continue reading Walker v Hall: CA 1984
The court was asked whether it is fair in all the circumstances for the court to make an order on a claim by a former husband for a financial remedies order against his former wife under the Matrimonial Causes Act 1973 and, if so, the form and content of the award to be made in … Continue reading A v B (No 2): FC 14 Jun 2018
The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of substantial development and construction projects. The court considered how capital and income could … Continue reading G v G (Financial Provision Equal Division): FD 2 Jul 2002
H, a devout Muslim, objected to the English court dealing with the divorce proceedings brought by W. He said that under Sharia law, any proceedings had to occur in Pakistan. Held: The court had jurisdiction. There was clear evidence that the law of divorce in Pakistan was discriminatory, and that W would have less rights … Continue reading B v L: FC 20 Oct 2016
W appealed against a financial remedies award achieving equality between herself and H. The marriage had not been a long one and they had no children. W challenged the imposition of an equal sharing principle. Held: W’s appeal succeeded. Section 25 required the court in every case to look at all the circumstances, and the … Continue reading Sharp v Sharp: CA 13 Jun 2017
The court held that a wife’s disposition of her inheritance from her mother was a circumstances which the Court was required to have regard to when making an Order under the Matrimonial Causes Act 1973. If one party deliberately divests himself or herself of assets that is an important factor. Citations: (1992) 1 FLR 16 … Continue reading Primavera v Primavera: CA 1992
The husband had forged his wife’s signature on the loan application and on the charge of the house held by himself and his wife as joint tenants. He had left the country, and the plaintiff sought to enforce the charge, and ex parte obtained an order nisi charging the husband’s interest in the house. The … Continue reading First National Securities v Hegerty: CA 1984
The court considered applications to set aside some 180 petitions for divorce on the grounds that they appeared to be attempts to pervert the course of justice by wrongfully asserting residence in order to benefit from the UK jurisdiction. Held: It had been asserted that the English court had jurisdiction to entertain the petition in … Continue reading Rapisarda v Colladon (Irregular Divorces): FC 30 Sep 2014
Connell J discussed the effect of the presence of a prenuptial agreement, saying ‘The prenuptial agreement in my view is relevant to tending to guide the court to a more modest award than might have been made without it. I reject outright the suggestion that it should dictate the wife’s entitlement; but I bear it … Continue reading M v M (Prenuptial Agreement): FD 2002
Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991
The parties had compromised most parts of their ancillary relief claim, but not all, settling capital claims, but not issues as to whether maintenance should be stepped down, and should be limited in time to the period of education of the children. Held: The part settlement left the court in an uncomfortable situation, because the … Continue reading Murphy v Murphy: FD 4 Jul 2014
W appealed against dismissal of her petition for divorce to the effect that her husband had behaved in such a way that she could not reasonably have been expected to live with him. The judge had found H difficult but that his behaviour was not to the level suggested. Held: The appeal succeeded. Applying Livingstone … Continue reading Birch v Birch: CA 22 Oct 1991
Application for a pension sharing order within financial remedy proceedings following a divorce, which raises the question of what jurisdiction, if any, the Family Court may have to make an order transferring or assigning one spouse’s interest in a pension annuity policy to the other spouse outside the statutory scheme established by the 1973 Act. … Continue reading Goyal v Goyal: CA 29 Jul 2016
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
Transgender Male to Female not to marry as Female The parties had gone through a form of marriage, but Mrs B had previously undergone gender re-assignment surgery. Section 11(c) of the 1973 Act required a marriage to be between a male and a female. It was argued that the section was incompatible with the claimant’s … Continue reading Bellinger v Bellinger: HL 10 Apr 2003
Transgender Male may not marry as Female Despite gender re-assignment, a person born and registered a male, remained biologically a male, and so was not a woman for the purposes of the law of marriage. The birth registration in this case had been correct. The words ‘male and female’ in the section had not previously … Continue reading Bellinger v Bellinger: CA 17 Jul 2001
The parties had a long marriage. They had acquired or inherited substantial assets, some of which had been placed in trusts. W had left and had affairs. She sought ancillary relief. Held: The wife’s behaviour was not to be considered as a separate factor under section 25, but was still part of the picture of … Continue reading E v E (Financial Provision): FD 1990
W sought to challenge transactions entered into by H anticipating ancillary relief proceedings on their divorce. Nicholas Mostyn QC J said: ‘While of course no rigid rule can be expressed for the infinite variety of facts that arise in ancillary relief cases, I would have thought, generally speaking, that it would be very difficult for … Continue reading Rossi v Rossi: FD 26 Jun 2006
The court heard an application for ancillary relief in a divorce. The family assets were pounds 6M. The husband was a successful city solicitor. Counsel contended that for various reasons his financial accumulations during the course of his professional life amounted to a special contribution: but on behalf of the wife it was submitted that … Continue reading H v H (Financial Provision: Special Contribution): FD 2002
An ancillary relief order was made in December 1978, following a compromise agreement. It provided for the sale of the former matrimonial home and the payment to the wife from the proceeds of sale of andpound;18,000. The husband was adjudicated bankrupt in May 1980. The trustee applied for an order declaring that the order was … Continue reading Re Abbot (A Bankrupt), ex parte Trustee Of The Property Of The Bankrupt v Abbot: QBD 1983
H was the respondent in the divorce. He applied for a decree nisi to be made absolute. W opposed because, she said, she would lose her rights under the 1975 Act. She also alleged non-disclosure in the ancillary relief proceedings. Held: Even if this much was proved, H’s suggested departure from the country in an … Continue reading Re G (Decree Absolute: Prejudice): FD 2002
A breadwinner’s unimpaired and unimpeded earning capacity is a powerful resource which can frequently repair any loss of capital after an unequal distribution. Munby J [2003] 2 FLR 285, [2002] EWHC 3106 (Fam) Matriminial Causes Act 1973 25 England and Wales Citing: Cited – Mesher v Mesher and Hall CA 1973 (Heard in 1973, but … Continue reading B v B (Mesher Order): FD 2002
(Isle of Man) The parties had signed a post-nuptial agreement. Held: It was not open to the courts to find that such agreements might be enforced. They had been unenforceable under common law, and if the law was to be changed it must be by statute. There was an enormous difference in principle and in … Continue reading Macleod v Macleod: PC 17 Dec 2008
Claim by adult son for provision – jurisdiction to make order. Lord Justice Moylan [2021] EWCA Civ 1572 Bailii, Judiciary Matrimonial Causes Act 1973 27 England and Wales Family Updated: 22 November 2021; Ref: scu.669058
Appeal against order striking out claim for ancillary relief on divorce Maurice Kay LJ, Sullivan LJ, Ryder LJ [2013] EWCA Civ 1095 Bailii Matrimonial Causes Act 1973 England and Wales Family Updated: 19 November 2021; Ref: scu.515009
Unreasonable Behaviour must reach criteria W appealed against the judge’s refusal to grant a decree of divorce. He found that the marriage had broken down irretrievably, but did not find that H had behaved iin such a way that she could not reasonably be expected to live with H. Held: W’s appeal failed. ‘What the … Continue reading Owens v Owens: CA 24 Mar 2017
The husband and wife divorced and a property adjustment order applied for. The husband had been convicted and a drugs proceeds order made under the 1994 Act. The order had not been satisfied, and the receiver applied for money from the matrimonial property. Held: The two Acts gave no indication that either was to take … Continue reading H M Customs and Excise and Another v MCA and Another; A v A; Re MCA: CA 22 Jul 2002
In the course of ancillary relief proceedings in a divorce, questions arose regarding company assets owned by the husband. The court was asked as to the power of the court to order the transfer of assets owned entirely in the company’s names. The judge had made such an order, finding evidence that the companies had … Continue reading Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013
The wife appealed an ancillary relief order for equal division on the basis that the judge had failed to allow for the fact that most of the assets had been brought to the marriage by her. Held: Her appeal succeeded. All the assets at the start of the marriage were hers, and the parties had … Continue reading B v B (Ancillary relief: Distribution of assets): CA 19 Mar 2008
Mr and Mrs Duxbury had been married for 22 years. When, at the end of their marriage, their financial affairs came before the court under the provisions of sections 23 and 24 of the 1973 Act, each wanted a clean break. By the standards of the day, Mr. Duxbury was a wealthy man, and a … Continue reading Duxbury v Duxbury: CA 1987
Deceit in address avoided divorce petitions The Queen’s Proctor applied to have set aside as fraudulent 21 petitions for divorce. It was said that false addresses had been used in order to give the court the appearance that it had jurisdiction. Held: The decrees obtained by fraud were void and not just voidable, even here … Continue reading Grasso v Naik (Twenty-One Irregular Divorces): FD 8 Nov 2017
The wife appealed against an order refusing to set aside an earlier order for ancillary relief in her divorce proeedings, arguing that it had been made under a mistake. The sum available for division had had deducted an expected liabiliity to the Inland Revenue and otherwise in respect of failed business. The husband had prepared … Continue reading Judge v Judge and others: CA 19 Dec 2008
Financial Relief for Adult son – No Jurisdiction Adult but vulnerable son seeking financial relief against married and cohabiting parents. Held: Refuse Sir James Munby [2020] EWFC 63, [2020] WLR(D) 532 Bailii, WLRD Matrimonial Causes Act 1973, Children Act 1989, Human Rights Act 1998 England and Wales Cited by: Main Judgment – FS v RS … Continue reading FS v RS and JS: FC 30 Sep 2020
FDR Appointment Must Remain Confidential XYZ had been appointed to value a family company within financial relief proceedings, but on seeking payment of their fees, and facing a counterclaim alleging negligence, they sought disclosure of the transcript of the Financial Dispute Resolution appointment at which they were appointed. This was prohibited by the Rules, and … Continue reading V v W: FC 2 Dec 2020
The court was asked how to resolve the conflict between a public policy imperative to deprive offenders of the fruits of their crime and the requirement that dependants are provided for after divorce when the only funds available for both are the same? The CPS appealed against an order distributing a capital sum to the … Continue reading Crown Prosecution Service v Richards and Richards: CA 27 Jun 2006
H had been paying maintenance to W for many years after the divorce. W now appealed against an order revoking the arrangement without providing a capital sum to replace it. H’s health had declined, and also his earnings. Held: W’s appeal succeeded. W had taken as part of her settlement a desk which was now … Continue reading Vaughan v Vaughan: CA 31 Mar 2010
Fairness on Division of Family Capital The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital. Held: The 1973 Act gives only limited guidance on … Continue reading Miller v Miller; McFarlane v McFarlane: HL 24 May 2006
The defendant appealed against orders allowing the use in evidence against him of information provided by him in ancillary relief proceedings, and without prejudice negotations with his wife’s solicitors. Held: The information provided through the formal ancillary relief process had been obtained under compulsion, and the rules had been intended to require full disclosure and … Continue reading K, Regina v: CACD 28 Jul 2009
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
No Presumption of House for both Parties When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be reluctant to allow repeated appeals … Continue reading Piglowska v Piglowski: HL 24 Jun 1999
The married couple owned a property as tenants in common. The husband had moved out and, anticipating divorce proceedings, sought an order for the sale of the house citing his inability to sustain the very considerable mortgage payments. The wife said that it was inappropriate to use the 1996 Act when divorce proceedings were anticipated. … Continue reading Miller Smith v Miller Smith: CA 2 Dec 2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the husband. The husband had not had independent legal advice before signing the agreement. Held: … Continue reading Radmacher v Granatino: CA 2 Jul 2009
Long Relationship Not Enough for Interest in Home The parties lived together for 17 years but were not married. The woman took the man’s name, but beyond taking on usual household duties, she made no direct financial contribution to the house. She brought up their two children over 17 years. Latterly she went to work, … Continue reading Burns v Burns: CA 1984
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage. Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary relief application on a divorce, the court should include consideration of why any … Continue reading White v White: HL 26 Oct 2000
The parties were involved in ancillary relief proceedings. At the same time the husband was in prison after having hidden earnings from his business, and was subject to an unsatisfied confiscation order. The guardian had had doubts about the mother’s suitability to have full responsibility for the care of their 11 year old son. The … Continue reading Stodgell v Stodgell FD: FD 18 Jul 2008
Establishing Clean Break on Divorce The House set out the principles for establishing a ‘clean break’ financial settlement on a divorce. Once a capital claim in a divorce has been given effect in a court order, the court does not have jurisdiction to vary it. Lord Scarman said: ‘Once an application has been dealt with … Continue reading Minton v Minton: HL 1979
The claimant was involved in matrimonial ancillary relief proceedings. His wife was advised by the defendants, her solicitors, to remove his private papers. The claimant now sought permission to appeal against a strike out of his claim against the solicitors for wrongful interference with property by ‘possessing, taking or intercepting the claimant’s correspondence and documents … Continue reading White v Withers Llp and Dearle: CA 27 Oct 2009
A judgment summons, issued was issued by the wife to enforce a lump sum order made against her husband in their divorce proceedings. The judge had performed his statutory duty which included having to satisfy himself under s. 25 of the 1973 Act of the income, earning capacity, property and other financial resources of the … Continue reading Mubarak v Mubarak: CA 2001
The parties, from Germany and France married and lived at first in England. They had signed a pre-nuptial agreement in Germany which would have been valid in either country of origin. H now appealed against a judgment which bound him to it, restricting his ancillary relief. Held: H’s appeal failed (Lady Hale dissenting). Separation agreements … Continue reading Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010
The court considered a petition for divorce beased upon unreasonable behaviour. The Wife petitioner appealed from the decision dismissing her petition for the dissolution of her marriage to the respondent. Held: After discussing O’Neill: ‘one looks to this husband and this wife, or vice versa, but one also looks at what is reasonable. That is … Continue reading Buffery v Buffery: CA 30 Nov 1987
Islamic Nikah Ceremony did not create a marriage The parties had undertaken, in 1998, an Islamic marriage ceremony, a Nikah. They both knew at the time that to be effective in UK law, there would need to be a civil ceremony, and intended but did not achieve one. The parties having settled their dispute, the … Continue reading Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020
The court was asked whether parties to a polygamous marriage recognised in Nigeria could be exempt thereby from a charge as co-conspirators because of s2 of the 1977 Act. The judge had held the marriage invalid after finding that the defendant was domiciled in the UK. Held: The appeal failed. The word ‘spouse’ in the … Continue reading Bala and Others, Regina v: CACD 10 May 2016
After divorce proceedings had commenced, the wife visited the husband, then living with someone else, and stabbed him. She now appealed an order for maintenance reduced because of her conduct.
Held: The conduct was clearly gross and obvious, . .
H appealed against an ancillary relief order. . .
Ancillary relief application. . .
