Smith v Smith: CA 20 Feb 1991

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 again at the issues, but as they stood at the time of the order. The ultimate destination of a deceased’s estate was not a proper consideration. Taking all matters into account the order was varied to reduce the lump sum payable.


[1992] Fam 69, [1991] 2 All ER 306


Matrimonial Causes Act 1973 25(2)


England and Wales

Cited by:

CitedWilliams v Lindley (formerly Williams) CA 10-Feb-2005
The husband sought to re-open the consent order made on the divorce. The wife had been employed by a widower as his housekeeper. After separating from the husband she moved into the widower’s house with both the children. She sought a transfer of . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 May 2022; Ref: scu.224374