In ancillary relief proceedings, the matrimonial home had been transferred to the wife subject to a charge in favour of the husband’s partner not to be enforced until a certain date. That partner now sought the early sale of the property sayng that the court had also said this had been done to provide a home for the four children, but that those children now resided with the husband, and the order whould be amended under the slip rule.
Held: The judge had asked counsel to draft an order providing that ‘period of deferment will be for 10 years or until the wife remarries (or cohabits in circumstances akin to marriage) or the house is no longer required as a home.’ This did not say as a home for the children. The court at first instance had amended this to add ‘for the petitioner or her children or any of them.’ Other parts of the original judgment suggested that the order might extend only for so long as the house was required for the children. The order should now be amended to read that the charge should be postponed until the house was no longer required ‘as a home for the petitioner and at least one of the children’.
Judges:
Ward LJ, Wilson LJ
Citations:
[2007] EWCA Civ 29
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Barder v Caluori HL 2-Jan-1987
In divorce proceedings, the husband had transferred his interest in the matrimonial home to the wife who had been awarded care and control of the two children of the family. The order was made on 20 February 1985 and on 25 March the wife unlawfully . .
Lists of cited by and citing cases may be incomplete.
Family, Litigation Practice
Updated: 09 July 2022; Ref: scu.248322