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
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles
Authors

ANCILLARY RELIEF/JURISDICTION: Whitehouse-Piper v Stokes [2008] EWCA Civ 1049

Sep 29, 2018, 17:11 PM
Slug : whitehouse-piper-v-stokes-2008-ewca-civ-1049
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Oct 17, 2008, 04:22 AM
Article ID : 87277

(Court of Appeal; Thorpe, Wall and Burnton LJJ; 15 July 2008)

The wife applied for financial relief in her divorce petition, but as there were no assets at the time did not pursue it. Instead, she and the husband agreed that, as the matrimonial property was in negative equity, the wife would transfer her interests to the husband provided she was released from the mortgage. The mortgagee was not prepared to agree, and the agreement was never implemented. When the property eventually gained in value the husband raised the transfer issue again, and the wife gave notice of her intention to seek ancillary relief against herself in Form A; by this time she had remarried. The judge questioned whether the wife was precluded by Matrimonial Causes Act 1973, s 28(3) from instituting ancillary relief proceedings, but concluded that because the alternative would have been TOLATA proceedings he could proceed to hear the case.

The jurisdictional point identified by the judge did not in fact arise directly. The wife's original application for all forms of ancillary relief in her divorce petition entitled her to issue a notice of intention to proceed in Form A despite the fact that the application was filed with the court after remarriage. TOLATA proceedings would have achieved the same result if the jurisdictional point had in fact arisen.

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