Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
One in four family lawyers contemplates leaving the profession, Resolution reveals
A quarter of family justice professionals are on the verge of quitting the profession as the toll of lockdown on their mental health becomes clear, the family law group Resolution revealed today,...
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
Eight things you need to know: Personal Injury damages in divorce cases
The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years.  However, the conundrum can be even...
Misogyny as a hate crime – what it means and why it’s needed
In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making...
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