Sentences with phrase «from ancillary relief»

It was clear from the ancillary relief negotiations that Mrs Walkden had expected Mr Walkden to sell his shares, albeit not so soon after concluding the agreement between them.

The parties (both of whom are in the public eye) made a joint application to exclude the media from ancillary relief proceedings.

Not exact matches

It is common in ancillary relief cases for bank accounts to be overlooked and omitted from initial disclosure.

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»?»

In his latest blog, View from the President's Chambers, Munby P said only a minority of divorces give rise to a money claim, and the concentration of divorce cases in a limited number of regional divorce centres was putting the administration of ancillary relief under «unnecessary and avoidable strains».

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.

Apart from maintenance pending suit and financial provision for children, the absence of a decree nisi will kill off the idea of a contested ancillary relief hearing for the time being unless special circumstances, the parties» concurrence and judicial approval all coincide.

Wives (for ease of reference, this article assumes the wife is seeking ancillary relief from the husband) have long been advised to take copies of any significant documents belonging to their husbands provided that the originals are returned and no illegal act is committed in the process.

The Scottish system for financial provision upon divorce is quite distinct from that of ancillary relief in English law.

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.

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.

The ancillary relief proceedings are often fiercely contested as a judge will rule on who should have what from the matrimonial assets.

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.