Case Law

This is an application by Mrs K (to whom I shall refer as the "Wife") for full ancillary relief arising upon the breakdown of her marriage to Mr K (to whom I shall refer as the "Husband"). The marriage took place on the 10th December 1969 and lasted, therefore, in excess of 30 years.

Case outlining what parental responsibility means and examples as to what actions/activities do and do not requirethe other parent's need to be informed and/or consulted

Financial provision – Periodical payments – Husband ordered to make periodical payments to wife – Wife subsequently beginning to cohabit with new partner – No intention to marry – Husband’s application to vary – Whether means of wife’s new partner to be taken into account – Weight to be given to means of new partner

Financial provision – Divorce – Matrimonial home – Mesher order not made – Husband’s failure to disclose, and disposal of assets – Husband’s abduction of child – Relevance of husband’s conduct – Whether departure from equality justified

A defendant to possession proceedings who had come to England after a Nikah ceremony in Pakistan and lived in a property owned by the claimant but used by his first wife failed to establish the factual basis for proprietory estoppel or deceit. Court: High Court (Chancery Division) (England and Wales)

A husband's application for permission to appeal out of time against orders in relation to ancillary relief proceedings was refused. Court: Court Of Appeal (Civil Division) (England and Wales)

Divorce – Ancillary proceedings – Costs – Without prejudice offer by party before hearing – Offer rejected – Offer exceeding final award – Whether costs affected by offer – Whether in making offer party entitled to reserve right to refer to offer in relation to costs

Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request

Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request

Divorce – Financial provision – Discretion – Fairness – Factors justifying departure from equality – Reasonable requirements not to be used as ceiling on award

In 2000 a father applied for a 'joint' (ie shared) residence order, arguing that he was being treated as a second-class Parent by authorities with whom he had to deal regarding the provision of information etc about the children. The mother sought a change in the contact pattern. The trial judge accepted the father's case and made a shared residence order. During the summer, problems arose over the children's return to the mother after a holiday abroad and she applied for an order that contact be supervised or suspended. The judge dismissed the application and ordered her to pay the costs of the hearing. The mother  appealed.

Ancillary relief – Whether judge could make periodical payments order for benefit of children – Whether Mesher order to be granted

Financial provision – Lump sum order – Wealthy husband – Wife cohabiting with man of relatively insubstantial means – Conduct irrelevant – Whether judge justified not taking cohabitation into account - Lump sum – Wife cohabiting with another man – Effect on quantum

In this case the parties were married in 1990 and separated in July 2002 with the Decree Nisi being pronounced in June 2005 on the grounds of two years separation with consent. The Petitioner is 42 years of age and the Respondent is 41 years of age. There are two minor children aged 12 and 14. The younger child suffers from cerebral palsy but fortunately is well enough to attend the local secondary school.