Wicks v Wicks [1997] EWCA Civ 3050 – Law Journals

Interim orders: Lack of consensus

Katie Lowe and Clare Williams look at the options for an interim order for sale, and the differing approaches taken by the courts ‘Cobb J appears to differ from Mostyn J as to whether an application to terminate home rights under s33(3)(e), FLA 1996 can simply be inferred, especially as the court is unable to …

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Pensions: Off limits

Francesca Norris highlights the implications of the decision in Goyal v Goyal as to orders that may be made in relation to foreign pensions ‘The judge at first instance purported to make an order “ancillary” to the “statutory functions” under MCA 1973, however, given he had overtly accepted the court’s lack of power to make …

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Property Adjustment: Future impact

James Copson explores when the court may be willing to make an interim order for sale, and the potential routes to such an order ‘In smaller money cases the same issue arises time and again – how to displace a recalcitrant spouse when the cost of separate lives is well beyond affordable.’ The decision in …

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Lump Sum Orders: Dual purpose

In the first of a two-part back-to-basics guide Jane Booth explores the types of lump sum order that may be made, together with drafting tips and practice points ‘The distinction between multiple lump sum payments and a single sum payable by instalments is relevant if the need for variation arises.’ On divorce, dissolution, nullity or …

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Capital Orders: Interim measures

Fiona Wood looks at the type and appropriateness of interim capital orders that may be made under a variety of provisions It is possible under a variety of provisions to obtain an “interim” order for sale of a property or an interim lump sum order. However, the circumstances in which these applications are likely to …

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