Mubarak v Mubarik & Ors [2007] EWHC 220 (Fam) (12 January 2007)

Mubarak v Mubarik & Ors [2007] EWHC 220 (Fam) (12 January 2007)

The court found that the husband did not have the requisite intention to defeat the wife's claim for financial relief at the time of the transfer of shares into the trust; the evidence supported legitimate tax and succession motives. The exclusion of the wife as a beneficiary was not a disposition for the purposes of section 37. Applications to set aside the transfer and exclusion failed. The court's reasoning was based on the absence of contemporaneous evidence of intention to defeat the wife's claim and the sufficiency of legitimate motives.

Citation
[2007] EWHC 220 (Fam)
Parties
Petitioner/wife: Aaliya Mubarak; First Respondent/husband: Iqbal Mubarik; Second Respondent: The Craven Trust Company Limited; Third Respondent: Salem Mubarak; Third Respondent: Noor Mubarak; Fourth Respondent: Osman Mubarak; Fifth Respondent: Hamza Mubarak
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Family Law Ancillary Relief Enforcement / Post Judgment Enforcement Applications
Outcome
Applications to set aside the transfer of shares and exclusion of wife as beneficiary dismissed.
Legal Topics
Ancillary Relief, Enforcement of Financial Orders, Post Nuptial Settlements, Trust Asset Dispositions, Slip Rule Corrections
Family Law Trusts and Equity Insolvency Ancillary Relief Enforcement of Financial Orders Post Nuptial Settlements Trust Asset Dispositions Slip Rule Corrections

Case Brief

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Parties

Aaliya Mubarak

Petitioner/wife

Iqbal Mubarik

First Respondent/husband

The Craven Trust Company Limited

Second Respondent

Salem Mubarak

Third Respondent

Noor Mubarak

Third Respondent

Osman Mubarak

Fourth Respondent

Hamza Mubarak

Fifth Respondent

Procedural Posture

Family Law Ancillary Relief Enforcement / Post Judgment Enforcement Applications

Legal Issues

  1. 1 Whether the transfer of shares into the IMK Family Trust can be set aside under section 37 Matrimonial Causes Act 1973 or section 423 Insolvency Act 1986
  2. 2 Whether the exclusion of the wife as a beneficiary from the trust can be set aside under section 37
  3. 3 Whether the terms of the IMK Family Trust can be varied under section 24(1)(c) Matrimonial Causes Act 1973

Ratio Decidendi

The court found that the husband did not have the requisite intention to defeat the wife's claim for financial relief at the time of the transfer of shares into the trust; the evidence supported legitimate tax and succession motives. The exclusion of the wife as a beneficiary was not a disposition for the purposes of section 37. Applications to set aside the transfer and exclusion failed. The court's reasoning was based on the absence of contemporaneous evidence of intention to defeat the wife's claim and the sufficiency of legitimate motives.

Court Disposition

Applications to set aside the transfer of shares and exclusion of wife as beneficiary dismissed.

Orders

  • Application under section 37 Matrimonial Causes Act 1973 to set aside transfer of shares into IMK Family Trust dismissed.
  • Application under section 37 Matrimonial Causes Act 1973 to set aside exclusion of wife as beneficiary dismissed.