Family Law Hub

G v C [2020] EWFC B35 (OJ)

The hearing concerned cross-applications made by the wife against the husband in the context of her application for financial remedies. They had married in 1991 and the wife's divorce petition had been issued in 2018. The wife relied upon the jurisdiction established in Thwaite v Thwaite [1982] Fam 1 to support the "insertion" of new orders into an agreement between the parties that, by application of Rose v Rose [2002] 1 FLR 978, had become an order of the court. Mr Recorder Allen QC did not consider that there had been a change in circumstances such that the Thwaite jurisdiction was engaged, and thus he could not entertain granting the relief sought by the wife. Even if he were wrong and the Thwaite jurisdiction was engaged, he would have declined to "insert" the orders sought by her into the Rose order. All applications made by both parties were dismissed in their entirety. Mr Recorder Allen QC also noted that he had been sent a significant number of emails by the parties' solicitors since the hearing, which he regarded as inappropriate and to be deprecated.

Judgment, published: 25/08/2020

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Published: 25/08/2020

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