Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

ANCILLARY RELIEF: Behzadi v Behzadi [2008] EWCA Civ 1070

Sep 29, 2018, 17:11 PM
Slug : behzadi-v-behzadi-2008-ewca-civ-1070
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 17, 2008, 04:22 AM
Article ID : 87275

(Family Division; Rix, Wilson and Rimer LJJ; 8 October 2008)

On the husband's application for financial relief, the judge awarded the husband investment properties in England worth about £814,000, plus a lump sum of £130,000. The wife retained the matrimonial home, worth about £450,000, plus inherited properties in Iran worth about £460,000 and another Iranian property worth about 79,000. The judge was critical of both parties, but particularly critical of the wife; the judge found that the wife had attempted to conceal assets, could have further undisclosed property in Iran and probably had undisclosed cash resources in Iran. The wife appealed the judge's award, arguing that the £130,000 lump sum was unreasoned, and plainly excessive given that it required her to depend upon inherited assets to meet her needs.

Proper application of the sharing principle, irrespective of whether it was, in the circumstances, to result in equality, required the court to compile and articulate a balance sheet; the judge had failed to explain the calculations underlying the lump sum award. Even when a judge was in the course of delivering his judgment orally, a balance sheet of the parties' visible assets and the effect of the order proposed could conveniently be distributed to the parties on paper as part of the judgment, and incorporated in any future transcript. On examination, the judge's award gave the wife 53% of assets and the husband 47%. That might have been considered unreasonable given that much of the wife's portion had been inherited, but the wife's undisclosed assets in Iran justified the judge's approach because the non-disclosure meant that the judge was unable to tell what percentage of the family assets the husband would actually be left with. Although it was not true that a finding of undisclosed resources against a party in ancillary relief proceedings would, unless the finding itself was in question, make it impossible in practice for that party to appeal, a party's failure of disclosure placed substantial obstacles in the path of an appeal by rendering the court unable to quantify the extent of the family assets.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from