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
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

ANCILLARY RELIEF/RESIDENCE: E v E (Shared Residence: Financial Relief: Yardstick of Equality) [2006] EWCA Civ 843

Sep 29, 2018, 17:12 PM
Slug : e-v-e-shared-residence-financial-relief-yardstick-of-equality-2006-ewca-civ-843
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 27, 2006, 11:12 AM
Article ID : 87407

(Court of Appeal; Wall, Kay and Wilson LJJ; 27 June 2006)

For the majority of the marriage the wife had been the family wage earner, and the husband, currently unemployed, had played a significant part in caring for the four children. The judge made a shared residence order on the basis that the wife would remain in the former matrimonial home with the children, with significant regular contact to the husband. The wife's subsequent application for sole residence was heard with the parties' ancillary relief claims; the wife sought to have the matrimonial home transferred into her sole name, intending to sell it, and to relocate with the children to another town. The judge continued the shared residence order, but altered the arrangements to accommodate the mother's planned move, ordering that the children stay with the father only during school holidays. The judge went on to order the sale of the property, with 40% of the net proceeds to be paid to the husband (deferred for 5 years but secured on the new property) plus an immediate lump sum of £3,000 to the husband and a sum equivalent to his costs. At the same time the judge made no order as to costs.

The question of the financial arrangements between the parties depended upon what order the judge made as to the children's residence, and how they divided their time between the parents; the financial arrangements needed to be tailored to implementation of the residence decision. The judge had accepted the mother's proposal to move without proper consideration of the consequences for the children and the new arrangements did not address the children's need to maintain a close relationship with the father. The fact that formal leave to move was not required was beside the point; if the move were not considered to be in the interests of the children, a condition could be attached to the residence order. There was a patent inconsistency on the face of the order concerning the costs. The true effect of the financial order was to give the husband over two-thirds of the assets, discriminating against the wife and departing from equality without explanation. The entire case would be remitted to an experienced Family Division judge.

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