Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles


Sep 29, 2018, 17:20 PM
Slug : c-v-t-2009-ewhc
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 4, 2009, 09:09 AM
Article ID : 85927

(Family Division; Moylan J; 4 June 2009)

The husband and wife entered into a post-nuptial settlement following a separation. The family wealth had all been inherited by the wife, and the agreement provided that the assets, other than the overseas assets, would be held in the wife's sole name. Almost 15 years later it was discovered that the husband had been sexually assaulting the grandchildren, taking photographs of them, and both naming them as victims and posting photographs of them on the internet. He pleaded guilty to 17 offences and was sentenced to a minimum of 3 years imprisonment. The wife obtained a divorce and initiated ancillary relief proceedings, seeking to enforce the post-nuptial settlement under which the husband was to receive only his interest in the overseas property. The wife, aged 70, had £4.3 million in her name, the husband had about £108,000, and a significant inheritance prospect.

The husband had fully appreciated the consequences of the post-nuptial settlement, which he had agreed to after receiving legal advice, and there had been no subsequent change in circumstances that rendered the agreement manifestly unjust. Further, the husband's conduct had been the grossest breach of trust and he had been responsible for the destruction of the marriage. Finally, having regard to the origin of the wealth, the husband had made no positive contribution to the family's wealth. Either on the basis of the settlement, or as a matter of discretion under Matrimonial Causes Act 1973, s 25, no further financial provision was to be made for the husband.

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