Source: All England Reporter
Publisher Citation: [2002] All ER (D) 207 (Jul)
Court: Chancery Division

David Richards QC sitting as a deputy judge of the High Court

Representation Stephen Jourdan (instructed by Family Law Consortium) for the claimant.
  Geoffrey Ames (instructed by Macdonald Oates) for the first defendant.
  Karen Walden-Smith (instructed Gordon Bancks & Co) for the second defendant.
Judgment Dates: 10 July 2002


Husband and wife - Property - Divorce - Enforcement of consent order - Wife seeking charging order on husband's alleged beneficial interest in property - Whether payments made by husband for purpose of putting sums beyond wife's reach - Whether husband having beneficial interest in property.

The Case

On the balance of the first defendant's evidence, his credibility as a witness and in light if all the circumstances of the case, the court was satisfied that the first defendant's main purpose and intention in making regular payments to his new partner for living expenses was to put the sums beyond the reach of his former wife.

Practice Areas

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