Click the case name for better results:

W v W (Decree Absolute): FD 31 Mar 1998

The parties, foreign nationals, had married abroad. The came to live here, but H returned in 1996. W sought to pre-empt proceedings abroad by divorcing here getting a decree nisi. She began ancillary relief proceedings, and was awarded maintenance pending suit which was paid, but H failed to co-operate with the ancillary relief application beyond … Continue reading W v W (Decree Absolute): FD 31 Mar 1998

Wilkinson v Kitzinger and others: FD 31 Jul 2006

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

S v S: FD 1986

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

Mills v Mills: SC 18 Jul 2018

The Court was asked: ‘In circumstances in which at the time of a divorce a spouse, say a wife, is awarded capital which enables her to purchase a home but later she exhausts the capital by entry into a series of unwise transactions and so develops a . .

Commissioners of Customs and Excise v A; A v A: FD 18 Apr 2002

The husband had been convicted of trafficking in cannabis, and an order had been made confiscating his assets. His wife had already petitioned for divorce and begun ancillary relief proceedings. She claimed that her interest in the house under section 24 of the Act was protected. The receiver sought sale of the house to recover … Continue reading Commissioners of Customs and Excise v A; A v A: FD 18 Apr 2002

Wilkinson v Kitzinger and Another: FD 12 Apr 2006

The petitioner intended to seek a declaration as to her marital status. She and the respondent had married in a civil ceremony in British Columbia in 2003. She sought a declaration of incompatibility with regard to section 11(3) of the 1973 Act so far as it failed to recognise same sex marriages. She now sought … Continue reading Wilkinson v Kitzinger and Another: FD 12 Apr 2006

McFarlane v McFarlane; Parlour v Parlour: CA 7 Jul 2004

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

Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998

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

Dharamshi v Dharamshi: CA 5 Dec 2000

On a divorce where there were fairly substantial sums at issue, the two parties argued for different bases for calculation of the wife’s interests, either her reasonable needs according to Duxbury tables, or otherwise to reflect the particular facts. Held: The Ogden tables should not be preferred in matrimonial proceedings. In substantial asset cases two … Continue reading Dharamshi v Dharamshi: CA 5 Dec 2000

Re Kumar (A Bankrupt), ex parte Lewis v Kumar: 1993

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

H v H (Financial Provision: Conduct): 1994

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

First National Securities v Hegerty: CA 1984

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

Bellinger v Bellinger: HL 10 Apr 2003

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

Bellinger v Bellinger: CA 17 Jul 2001

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

Re Abbot (A Bankrupt), ex parte Trustee Of The Property Of The Bankrupt v Abbot: QBD 1983

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

Prest v Petrodel Resources Ltd and Others: SC 12 Jun 2013

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

Judge v Judge and others: CA 19 Dec 2008

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

Miller v Miller; McFarlane v McFarlane: HL 24 May 2006

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

Goodwin v The United Kingdom: ECHR 11 Jul 2002

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

Piglowska v Piglowski: HL 24 Jun 1999

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

Radmacher v Granatino: CA 2 Jul 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

Sharland v Sharland: SC 14 Oct 2015

The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court orders, or is there some special magic about orders made in matrimonial proceedings, which means … Continue reading Sharland v Sharland: SC 14 Oct 2015

Radmacher (Formerly Granatino) v Granatino: SC 20 Oct 2010

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

Her Majesty’s Attorney General v Akhter and Another: CA 14 Feb 2020

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

Hall v Hall: CA 1984

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, . .

White v White: CA 19 Jun 1998

Where husband and wife were partners in a business, the court deciding ancillary relief should first assess what each would get on a dissolution, then ask if family court powers to be exercised to increase the wife’s share, if not then should it be . .

Wicks v Wicks: CA 29 Dec 1997

A court has no power to make an interim order for the purchase of a house for the wife and children pending determination of the overall ancillary application. The result sought by the wife could have been achieved by application under section 17 of . .

Birch v Birch: SC 26 Jul 2017

The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her . .