Family Law Hub

HM Customs and Excise and another v A and another [2002] EWCA Civ 1039

Judgment, published: 22/07/2002

Items referring to this

  • The judge had to decide the beneficial ownership of the FMH, which was the sole asset in divorce proceedings and where the husband was subject to a confiscation order and was serving a lengthy sentence of imprisonment for a drugs related conspiracy. The Crown Prosecution Service contended that the husband was the sole legal and beneficial owner of the property and that the whole of the net value of the property was to be subsumed by the confiscation proceedings. The wife wanted the house transferred to her sole name so that she could occupy it with the three children. The judge ruled that the FMH was owned beneficially entirely by the husband and that the wife had no beneficial interest in it. Judgment, 21/11/2015, free
  • A financial provision case in which the parties were of Iraqi origin. The judge had to determine a myriad of factual issues, of which the principal was the nature, extent and location of the financial resources, in circumstances where the wife alleged grave non-disclosure by the husband. The single most prominent question was whether the husband had any (and, to the extent possible, what) reckonable capital assets and income in Iraq. The wife alleged capital assets in Iraq worth several million dollars and income which annualised at a level of several hundred thousand dollars per annum, whereas the husband said that, to all intents and purposes, there were no Iraqi financial resources, whether by way of capital or income. His attention was thus trained upon the UK assets, which according to him should be shared equally between the parties because, he said, there was nothing else to be apportioned between them. As to capital assets, the husband conceded equality of apportionment in principle. Judgment, 06/05/2014, free
  • Judgment, 28/01/2011, free

Published: 22/07/2002

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