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
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

ANCILLARY RELIEF: C v T [2009] EWHC

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 :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from