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 attempt to frustrate her financial claims would not necessarily follow. Though the husband might not be prejudiced by the delay, in the absence of good grounds from W to refuse a grant, then it should be granted. Had W applied for the decree, it certainly would have been granted. Bennett J said: ‘I do not consider that the mere fact that there are ancillary relief proceedings yet to be heard and adjudicated upon is a sufficient reason to hold up the grant of the absolute and, accordingly, the application by the Husband for a Decree Absolute would be granted.’
Bennett J
[2002] EWHC 2834 (Fam), [2003] 1 FLR 870
Inheritance (Provision for Family and Dependants) Act 1975, Matrimonial Causes Act 1973 9(2)
England and Wales
Family
Updated: 06 December 2021; Ref: scu.254523
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