Family Law Hub

Derhalli v Derhalli [2019] EWHC 3286 (Ch)

The former wife's defence to claims for possession of the matrimonial home, and for weekly use and occupation payments of £5000, had referred to the terms of the financial remedy consent order, which in her view permitted her to occupy the property until it was sold. The county court judge had rejected her interpretation of the order. Fancourt J allowed her appeal, deciding that the correspondence on which the former husband had relied in the county court was not admissible as evidence of the meaning of the consent order. The county court judge erred in interpreting the order and the reasons he gave for reaching the conclusion that the appellant was a gratuitous licensee were mistaken.


Published: 11/12/2019

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