Ancillary Relief in UK Law
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White v White
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In seeking to achieve a fair outcome, there is no place for discrimination between husband and wife and their respective roles. This is implicit in the very language of paragraph (f): '… the contribution which each has made or is likely … to make to the welfare of the family, including any contribution by looking after the home or caring for the family.'
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Jenkins v Livesey (formerly Jenkins)
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It follows necessarily from this that each party concerned in claims for financial provision and property adjustment (or other forms of ancillary relief not material in the present case) owes a duty to the court to make full and frank disclosure of all material facts to the other party and the court. The legal basis of that principle, and the justification for it, are to be found in the statutory provisions to which I have referred.
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Gojkovic v Gojkovic (No. 2)
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However, in the Family Division there still remains the necessity for some starting point. That starting point, in my judgment, is that costs prima facie follow the event (see Cumming-Bruce L.J. in Singer v. Sharegin (1984) FLR 114 at p. 119) but may be displaced much more easily than, and in circumstances which would not apply, in other Divisions of the High Court.
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Edgar v Edgar
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Important too is the general proposition that, formal agreements, properly and fairly arrived at with competent legal advice, should not be displaced unless there are good and substantial grounds for concluding that an injustice will be done by holding the parties to the terms of their agreement.
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Akinnoye-Agbaje v Akinnoye-Agbaje
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The amount of financial provision will depend on all the circumstances of the case and there is no rule that it should be the minimum amount required to overcome injustice. Second, it will never be appropriate to make an order which gives the claimant more than she or he would have been awarded had all proceedings taken place within this jurisdiction. Third, where possible the order should have the result that provision is made for the reasonable needs of each spouse.
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Parra v Parra
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The judgment that emerged is a tribute to the judge's exhaustive investigation of a mass of detailed evidence. The quasi-inquisitorial role of the judge in ancillary relief litigation obliges him to investigate issues which he considers relevant to outcome even if not advanced by either party. Equally he is not bound to adopt a conclusion upon which the parties have agreed.
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ZH (Tanzania) v Secretary of State for the Home Department
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This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.
- The Lloyd's Underwriters (Roll-over Relief on Disposal of Assets of Ancillary Trust Fund) (Tax) Regulations 2016
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Matrimonial Causes Act 1965
......the relief sought on the ground of the petitioner's adultery,. cruelty or desertion, ...proceedings. II . Ancillary relief Part II . Ancillary relief . Interim orders for alimony . Interim ......
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Matrimonial Causes Act 1973
...... . S-13 . Bars to relief where marriage is voidable. 13 Bars to relief where marriage is voidable. ...) or ( d . ) of that section. for a variation of settlement. Ancillary relief in connection with divorce proceedings, etc. . Ancillary relief in ......
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Matrimonial Proceedings and Property Act 1970
...... Provisions with Respect to Ancillary and Other Relief in Matrimonial Causes and to Certain Other Matrimonial ......
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Ancillary Relief: Complicating the Search for Principle
Calls have been made for clarification of ancillary relief law in England and Wales. The judicially created objective of fairness is said by many to be indeterminate and to lack a principled founda...
- Ancillary Financial Relief and Fat Cat(tle) Divorce
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US CONSIDERATIONS RESPECTING FINANCIAL INSTITUTION INSOLVENCY
This paper first generally discusses United States bank liquidations under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), and addresses the purposes and impact up.........The second section discusses the use of ancillary bank-ruptcy petitions in the United States to aid in the liquidations of ... with a discussion of the availability of plenary bankruptcy relief for foreign bank holding companies and foreign banks not engaged in ......
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The Divorce Court's Jurisdiction to Order Interim Maintenance for Children
...... 293, sub tat. Ancillary Relief in Mathtonal Causes, and the practice of the court ......
- Limits On The Ability To Grant Ancillary Relief
- It's Now Even Harder For A Trustee To Get Relief From Ancillary Relief
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Piercing the Corporate Veil – the Supreme Court Rules Again
In Prest v. Petrodel Resources Ltd the Supreme Court confirmed that the separate legal personality of a company cannot be disregarded unless the company is being abused for a purpose that is in som..........” Background This decision arose out of proceedings for ancillary relief under the Matrimonial Causes Act 1973 (the 1973 Act), brought by ......
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No Freezing Order Against Subsidiary Of Arbitration Award Judgment Debtor
In an important decision for anyone trying to enforce an arbitration award, in Cruz City 1 Mauritius Holdings v Unitech Ltd & 7 ors [2014] EWHC 3704 (Comm) Males J ruled that the English court did ......... substantive claim against the judgment debtor (just a claim for ancillary relief). Males J noted the need for caution in the exercise of the Chabra ......
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Graduated Fees Reference to a Judge
Fees forms, including the EX160 form to apply for help with court and tribunal fees.......Family Injunctions (family proceedings (other than those for ancillary relief ) for an injunction, committal order, or other. order for the ......
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Chapter IPTM7370
...... for ancillary relief under the Matrimonial Causes Act 1973 (or financial provision under ......
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Chapter CG22505
...... between applicant and respondent for the compromise of an ancillary relief claim is not conclusive unless and until made the subject of a ......
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Apply for 'bolt-on' payments and advocate's bundle payments
Court Costs form EX80A to issue a legal aid assessment certificate.......than those for ancillary relief or Public law Children). S eal. Between 350 and 700 pages. ......