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Zahra Pabani
Zahra Pabani
Partner - Family Law
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ANCILLARY RELIEF: Everclear Ltd v Agrest and Kremen [2011] EWCA Civ 232
Date:18 APR 2011

(Court of Appeal; Wall P, Sedley and Arden LJJ; 9 March 2011)

The husband and wife divorced in Israel. The wife had been granted leave to apply under Pt III of Matrimonial and Family Proceedings Act 1984. The husband had become a fugitive from English justice, having persistently and wilfully failed to maintain wife and children. The husband had transferred single share in BVI company to a third party

The applications to set aside transactions as shams or under s23 MFPA 1984 for intention to defeat the wife's claims.  The test for sham is a stiff one. Two of the transactions were set aside under s23, the other as a sham. The Court of Appeal upheld the orders

See also Kremen v Agrest [2011] EWHC 2571 and 3091 (Fam)