Ancillary Relief

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.

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 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

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

Financial provision – Periodical payments – Fixed term – Application for extension – Court’s obligation to consider bringing financial relations to conclusion – Impact of prolonged cohabitation – Effect of legitimate expectation that obligations would end

Ancillary Relief

Appeal by the Wife against orders in ancillary relief proceedings.  Appeal allowed.

Financial provision – Pension rights – Treatment of pension funds as equal to capital funds – Failure to compare like with like – Husband’s prospect of receiving capital or income from pension fund deferred if not distant

Financial relief – Divorce – Principles to be applied by court – Conduct – Contributions – Assets – Clean break – Departing from yardstick of equality

Financial relief – Divorce – Short childless marriage – Principles to apply – Evidence as to causes of breakdown of marriage – ‘Legitimate expectation’ of wife as to standard of living post-marriage

Financial relief – Periodical payments – Capital element – Clean break – Substantial future surplus of income over expenditure – Whether periodical payments could include an element of capital – Joint lives or term order