Family Law Hub

MWH v GSH [2019] EWHC 3866 (Fam)

The husband had moved to Jersey and commenced divorce proceedings there. The wife believed that his reason for doing so was that the family law of Jersey did not provide for making pension sharing orders. A consent order was made providing for a clean break, with the proceeds of selling the matrimonial home to be divided between them on a 55%/45% basis. She then made an application under Part III of the Matrimonial Family Proceedings Act 1984 in England and Wales. Though Jersey was not an overseas country within the meaning of section 12(1)(a) of that Act, the claimant argued that the statute should be construed so as to provide a remedy. The view of Cohen J was that he was being asked to ride roughshod over the statute. Parliament had made the statutory law to be found in the Act and it was for Parliament and Parliament alone to change it if thought appropriate. The wife's application was struck out. Costs would follow the event.

Judgment, published: 07/04/2020

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Published: 07/04/2020

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