Smith v Smith: FD 1976

The husband sought to re-open settled ancillary relief arrangements after his former wife remarried.
Held: He had to take the chance of her remarriage. Latey J gave guidance on this question and said: ‘If the wife had remarried or was going to remarry her financial position on remarriage had to be considered. If it was guesswork whether she would or would not remarry, prospective remarriage should be ignored.’
Latey J
[1976] Fam 18
England and Wales
Cited by:
FollowedH v H (Family Provision: Remarriage) CA 1975
The court considered the effect of a remarriage on a financial provision order made on divorce. Sir George Baker P said: ‘The prospect, chance or hope of remarriage is, I think, irrelevant, but the fact of remarriage, which does not admit of . .
CitedDixon v Marchant CA 24-Jan-2008
The parties had only recently settled their ancillary relief proceedings by consent when the former wife remarried. The former husband sought the setting aside of the order. The wife had denied the relationship. The judge had found the conditions in . .

These lists may be incomplete.
Updated: 21 May 2021; Ref: scu.263871