Evans v Evans [2012] EWCA Civ 1293 (08 August 2012)

Evans v Evans [2012] EWCA Civ 1293 (08 August 2012)

The appeal is allowed because the President might have made a different order had he seen the fresh evidence (the American lawyers' letter), and the court will now exercise its discretion to allow the decree absolute conditional upon the husband executing the transfer of one-third of the shares in the American company.

Citation
[2012] EWCA Civ 1293
Parties
Appellant (mother): Evans; Respondent (father): Evans
Jurisdiction
England and Wales
Judgment Date
08 August 2012
Procedural Posture
Family Law Appeal / Appeal From Order of President of the Family Division
Outcome
Appeal allowed
Legal Topics
Decree Absolute, Ancillary Relief, Fresh Evidence, Enforcement of Foreign Assets
Family Law Decree Absolute Ancillary Relief Fresh Evidence Enforcement of Foreign Assets

Case Brief

Summary, issues, holding and outcome

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Parties

Evans

Appellant (mother)

Evans

Respondent (father)

Procedural Posture

Family Law Appeal / Appeal From Order of President of the Family Division

Legal Issues

  1. 1 Whether fresh evidence justifies setting aside the order for decree absolute
  2. 2 Whether the President would have made a different order if the American legal opinion had been available

Ratio Decidendi

The appeal is allowed because the President might have made a different order had he seen the fresh evidence (the American lawyers' letter), and the court will now exercise its discretion to allow the decree absolute conditional upon the husband executing the transfer of one-third of the shares in the American company.

Court Disposition

Appeal allowed

Orders

  • Set aside the President's order for decree absolute
  • Decree absolute to be granted upon execution of transfer of one-third of shares in the American company by the husband