Evans v Evans

Evans v Evans

The appeal is allowed because the President might have made a different order had he had the fresh evidence from American lawyers, and the decree absolute should be conditioned on the husband's execution of share transfer to protect the wife's enforcement rights.

Parties
Appellant Mother: Evans; Respondent Father: Evans
Jurisdiction
England and Wales
Judgment Date
08 August 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Decree Absolute, Ancillary Relief, Fresh Evidence, Enforcement of Foreign Orders
Family Law Decree Absolute Ancillary Relief Fresh Evidence Enforcement of Foreign Orders

Case Brief

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Parties

Evans

Appellant Mother

Evans

Respondent Father

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether fresh evidence justifies setting aside the President's order for decree absolute
  2. 2 Whether the decree nisi should be made absolute given new evidence affecting enforcement of ancillary relief

Ratio Decidendi

The appeal is allowed because the President might have made a different order had he had the fresh evidence from American lawyers, and the decree absolute should be conditioned on the husband's execution of share transfer to protect the wife's enforcement rights.

Court Disposition

Appeal allowed

Orders

  • President's terms for decree absolute set aside
  • Court will exercise discretion to allow decree absolute upon husband's execution of transfer of one-third shares in American company