Evidence, Practice and Procedure: Conclusion of the matrimonial financial tie: show cause, strike out and materiality

The last month or so has seen a variety of decisions which have amounted to the family courts in different ways saying to couples they must live with their agreements; that there must be an end to matrimonial financial litigation. All are based on judicial common sense of the highest order; but where does substantive law (which surely cries out for reform: but therein lies a different question) fit in with all this?

Most striking most sensible but (perhaps) least lawful is T v T [2013] EWHC B3 (sic) (Fam) Parker J. In that case the parties - both represented by lawyers - reached agreement as to their financial arrangements on separation in 1991. No order was made on their subsequent divorce. H had prospered. W had not. She sought a fresh order. Parker J held:

[58]...

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