Villiers v Villiers

Subject Matter

MARRIAGE — Divorce — Financial provision — Wife resident in England applying for maintenance after Scottish divorce — Husband resident in Scotland applying to set aside existing interim orders — Whether jurisdiction to continue maintenance claim after divorce ─ Whether failure to provide reasonable maintenance ─ Matrimonial Causes Act 1973 (c 18), ss 27, 28(2)

[2021] EWFC 23; [2022] 1 FLR 513, Fam Ct

MARRIAGE — Financial provision — Order — Wife applying for financial provision order on ground husband failing to provide reasonable maintenance — Whether failure to provide reasonable maintenance to be determined as at date of application or date of hearing — Whether refusal of application on new ground procedurally unfair — Whether husband’s common law duty to maintain wife relevant to court’s exercise of discretion to make order — Matrimonial Causes Act 1973 (c 18), s 27

[2022] EWCA Civ 772; [2023] Fam 1; [2022] 3 WLR 1038; [2023] 2 All ER 897; [2023] 1 FLR 1316; [2022] WLR(D) 255, CA

Appellate History