The WLR Daily case summaries
[2022] WLR(D) 255
Court of Appeal
Villiers v Villiers
[2022] EWCA Civ 772
Moylan, Coulson, Arnold LJJ
2022 Jan 26, 27; June 10
Marriage— Divorce— Family provision— Wife applying for maintenance on ground husband failing to provide reasonable maintenance— Application refused on basis wife had not established husband failing to provide reasonable maintenance at date of application— Judge raising such requirement for first time at final hearing— Whether procedurally unfair— Whether date of application or date of hearing relevant date— Whether husband’s common law duty to maintain wife relevant to court’s exercise of jurisdiction to make financial provision order—
Matrimonial Causes Act 1973 (c 18) (as amended by Domestic Proceedings and Magistrates’ Court Act 1978 (c 22) s 63), ss 27, 28