Critchell v Critchell

Critchell v Critchell

The husband's inheritance, received within a month of the consent order, fundamentally changed the basis or assumption on which the order was made—namely, that the husband needed his share in the former matrimonial home to discharge his debts. The inheritance extinguished that need, justifying variation of the order under the Barder principle.

Parties
Appellant: Anthony Critchell; Respondent: Charlotte Critchell
Jurisdiction
England and Wales
Judgment Date
30 April 2015
Procedural Posture
Civil Appeal (family/ancillary Relief) / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Ancillary Relief, Variation of Consent Orders, Barder Principle, Financial Provision on Divorce
Family Law Ancillary Relief Variation of Consent Orders Barder Principle Financial Provision on Divorce

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Parties

Anthony Critchell

Appellant

Charlotte Critchell

Respondent

Procedural Posture

Civil Appeal (family/ancillary Relief) / Appeal Judgment

Legal Issues

  1. 1 Whether the husband's inheritance after a consent order constitutes a Barder event justifying variation of the order
  2. 2 Whether the basis or fundamental assumption of the original order was invalidated by the inheritance

Ratio Decidendi

The husband's inheritance, received within a month of the consent order, fundamentally changed the basis or assumption on which the order was made—namely, that the husband needed his share in the former matrimonial home to discharge his debts. The inheritance extinguished that need, justifying variation of the order under the Barder principle.

Court Disposition

appeal dismissed

Orders

  • The order of Her Honour Judge Wright is upheld, extinguishing the husband's charge over the former matrimonial home and making it the wife's sole property.