Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Edward Bennett
Edward Bennett
Read on
ANCILLARY RELIEF: M v M [2006] EWCA Civ 1852
Date:2 DEC 2007

(Court of Appeal; Scott Baker and Wall LJJ; 6 December 2006)

In a case concerning the terms of sale of matrimonial property including land with planning permission, the wife was entitled to refuse the husband's offer to purchase the land, on the grounds that she: was not to receive a 10% deposit; had not been offered an indemnity; and did not trust the husband. The husband's previous litigation misconduct was relevant in this regard. Had the husband behaved properly during the proceedings, had he given full frank and clear disclosure, had he not breached his undertakings and dissipated funds, he could now have argued that it was the wife who was being unreasonable in rejecting his proposals. If ever there was a case that pointed the moral of financial probity in ancillary relief proceedings as important, this was that case.