Source: All England Reporter
Publisher Citation: [2002] All ER (D) 312 (Mar)
Court: Court of Appeal, Civil Division

Thorpe, Tuckey LJJ and Sir Anthony Evans

Representation Jeremy Posnansky QC (instructed by Sears Tooth) for the husband.
  Florence Baron QC and Deborah Bangay (instructed by Gordon Bancks, Pershore) for the wife.
Judgment Dates: 20 March 2002


Divorce - Ancillary relief - Financial provision - Judge ordering that wife should receive entire proceeds of matrimonial home - Whether husband having fair share of capital - Whether judge dividing assets correctly - s 25.

The Case

On the facts of the instant case, in examining the criteria contained under s25 of the the judge's overall allocation of capital assets had not been fair and his order would, accordingly, be varied to increase the husband's share of the capital assets by reducing the wife's share of the anticipated proceeds of sale of the former matrimonial home.

Practice Areas

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