The husband had transferred his interest in the former matrimonial home to the wife who had custody of the two children of the family. She remarried six months later. The husband sought to have the order set aside.
Held: Brandon LJ said: ‘In my judgment, the order made by the judge, assuming it to have been appropriate at the time it was made, is no longer so. The only justification I can see for depriving the husband of all his interest in the only capital asset of the spouses was the necessity of providing the roof over the head of the wife and children in the foreseeable future. But for the pressing necessity, I think it is clear that the judge would not have made an order as hard on the husband as she felt obliged to make. Once that necessity had been removed, it seems to me the matter must be reconsidered and an order less hard on the husband made.’
Judges:
Brandon LJ
Citations:
[1992] 2 FLR 66
Jurisdiction:
England and Wales
Cited by:
Cited – Dixon 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 . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 23 March 2022; Ref: scu.263870
