| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 189 (Mar) |
| Neutral Citation: | [2012] EWHC 265 (Fam) |
| Court: | Family Division |
| Judge: | Mostyn J |
| Representation | Valentine Le Grice QC for the wife. |
| The husband appeared in person. | |
| Judgment Dates: | 17 February 2012 |
Catchwords
Divorce - Financial provision - Application - Agreement - Parties marrying in Spain - Parties subsequently entering into express separation of property agreement following purchase of apartment - Parties divorcing - Wife making application for financial award - Whether weight to be given to alleged tacit agreement at time of marriage to adopt matrimonial regime in Spain - Whether weight to be given to subsequent express agreement.
The Case
Divorce Financial provision. In ruling on the wife's claim for financial remedies against her former husband, the Family Division, held that, in the circumstances, no weight would be placed on either the default matrimonial regime under which the parties had married, or on a post marital agreement made in a third country, and they would be discarded from the assessment of what was a fair award to the wife.
Practice Areas
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