Sentences with phrase «ancillary relief order»

A final ancillary relief order had been made in April of that year.

They made it clear that a court could make an ancillary relief order under the Matrimonial Causes Act 1973 that departed from a «pre-nup» where it would not be fair to hold the parties to the agreement.

This article considers the recent decision in Walkden v Walkden [2009] EWCA Civ 627, [2009] All ER (D) 266 (Jun) which underpin the principle that acceptance of risk will prevent a party from setting aside an ancillary relief order if the outcome is unfavourable to the risk - taker.

When the liability turned out to be significantly less than expected (# 600,000 instead of a hazarded # 14m), the wife unsuccessfully sought to set aside the ancillary relief order made.

Thorpe LJ commented that if an ancillary relief order «was the product of collusion between the spouses designed to adversely affect the creditors the trustee would intervene in the ancillary relief proceedings and apply for the order to be set aside» (para 46).

The central issue was whether or not the parties to an ancillary relief order gave consideration for the purposes of s 339.

It was therefore open to the court to set aside the ancillary relief order as a transaction at an undervalue — Insolvency Act 1986 (IA 1986), s 339 — and, on appeal from the district judge in the insolvency proceedings, Judge Pelling set aside Mrs Haines's ancillary relief order.

And look, no application to compromise Soulsby concerned an agreement post-approved ancillary relief order.

Permission to appeal against ancillary relief orders (after Barder v Barder (Caluori intervening)[1988] AC 20, [1987] 2 FLR 480, HL) has been in the reports recently; but in two cases which only emphasise that, for such an application to succeed, the circumstances must be exceptional.

Not exact matches

The ancillary relief proceedings were eventually compromised and the consent order was made on 11 February 2007, whereby W accepted the provision in full and final settlement of all her claims for lump sum, property adjustment and pension sharing.

The problem is easily illustrated by SW v RC [2008] EWHC 73 (Fam), where Mr Justice Singer contrasted the meanings of 14 days from «the determination against which the appeal» (in FPR 1991 r 4.22 (3): Children Act 1989 (ChA 1989), Sch 1 proceedings) as against from «the date of the order or decision appealed against» in r 8.1 (4)(ancillary relief proceedings); and what for this purpose, he asked, «constitutes a «determination», and an «order or decision»?»

A hearing has been arranged for 12 May 2008 by when he hopes to be able to pronounce a decree under the Matrimonial Causes Act 1972 s 1 (2)(d)-- consent still being available — and no doubt to formally make his order for ancillary relief.

When the judge made an order for ancillary relief on 26 April 2007, he did ignore the # 9,605 trespass damages.

The 2007 — 08 At a Glance — essential court tables for ancillary relief which you are hereby ordered ex parte to buy — has just been published for the Family Law Bar Association (FLBA) by Class Publishing at # 40 which, according to table 2, represents a rise over last year of in excess of the rate of inflation.

After a one - half day open court hearing on damages, Lincoln J has just awarded the wife # 9,605 damages and interest and ordered the husband to pay the wife's costs... The court went into chambers on ancillary relief for three days and judgment there is expected at the end of this month.

However, the court held that there was no «compromise» of an ancillary relief application — the parties had divorced many years before and a final order had been handed down at the conclusion of those proceedings.»

The divorce decree is a nullity and any orders made by the county courts since transfer be they by way of custody, ancillary relief or otherwise are equally worthless.

This was considered further in F v S (ancillary relief application to set aside an order)[2009] EWHC 2377 (Fam) in which there had been a dispute as to the value of the husband's shares, with the husband's expert giving a value of # 3.7 m and the wife's expert giving a value of # 27.2 m.

It [was] also submitted that in cases of contested ancillary relief proceedings if the order made is liable to be set aside under s 339 then as a matter of course the statutory discretion should be exercised against making any such order.»

Thorpe LJ then referred to the balance between protecting the creditors against collusive orders in ancillary relief and protection orders justly made at arm's length for the protection of one of the spouses and the children of the family.

Bankruptcy applications, including applications for sale and possession (and ancillary injunctive relief), applications for annulment (and rescission of an annulment order by a creditor following the bankrupt's failure to comply with the Insolvency Rules) and applications to set aside statutory demands.

The application judge accepted the argument of the respondent that the application had to be dismissed on the ground that the application was not properly brought under rule 14.05 because the request for a mandatory order was not ancillary to a claim for relief.

She referred to the dicta in Xydhias v Xydhias [1999] 1 FLR 683, 691: An even more singular feature of the transition from compromise to order in ancillary relief proceedings is that the court does not either automatically or invariably grant the application to give the bargain the force of an order.

The matter was transferred to the High Court with the wife seeking to persuade the court to proceed with directions for the ancillary relief hearing, while the husband sought an order that the ancillary relief proceedings be stayed and that there be a hearing of his Notice to Show Cause.

King J accepted that in recent cases the courts were being more willing to make orders following a Notice to Show Cause application in ancillary relief cases.

- How to make good her contention that the assets held by the trustees of Dragon were to be treated as her husband's resources for the purposes of orders in the application for ancillary relief.

According to Rimer LJ, those dicta had the effect of stating that, where a «husband is, either actually or in substance, the 100 % owner of a company that owns an asset that might usefully be applied in or towards satisfaction of a wife's ancillary relief claim, it will or may be open to the court to pierce the company's corporate veil and treat that asset as property of the husband so as to enable it to be the subject of a s 24 (1)(a) order».

During ancillary relief proceedings, the respondent procures a bankruptcy order on his own petition as a ruse, does the applicant have the ability to apply for an annulment?