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...
Latest articles
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...
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...
View all articles

ANCILLARY RELIEF: Mubarak v Mubarik [2007] EWHC 220 (Fam)

Sep 29, 2018, 17:08 PM
Slug : mubarak-v-mubarik-2007-ewhc-220-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 12, 2007, 04:22 AM
Article ID : 86923

(Family Division; Holman J; 12 January 2007)

Following very lengthy and costly litigation to enforce the court order awarding the wife a lump sum of £4,875,000, the wife applied, as alternatives: (i) to set aside, under Matrimonial Causes Act 1973, s 37, the husband's transfer of shares into the husband's Jersey trust; (ii) to set aside, also under s 37, the wife's exclusion from the trust; (iii) to vary the terms of the trust, as a post-nuptial settlement, under s 24(1)(c), so as to require the trustees to pay the wife an amount equal to the amounts now owed by the husband to the wife; and (iv) to correct the judge's original order under the slip rule.

The transfer of shares could not be set aside because the judge was not satisfied that the husband had made the transfer with the intention of defeating the wife's claim for financial relief. The instrument of exclusion from the trust was not a disposition for the purposes of s 37, and there was therefore no jurisdiction to set it aside. However, the judge granted the wife's third application, and made an order varying the terms of the trust as a post-nuptial settlement so as to empower and require the Jersey trustees to pay the wife what the husband owed her. On a proper construction of the original order, the court which made the original award had not disposed of the claim for, or declined for all time to exercise, the power to make a variation of the post-nuptial settlement. The discretion to do so would be exercised, notwithstanding the respect due to the jurisdiction of the Jersey court and the length of time since the original order, intended to be final. This was an exceptional case justifying departure from the general rules. The total failure of the husband to pay anything at all, coupled with the very adverse impact, not only on the wife, but also on the children, must predominate.

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