Behzadi v Behzadi

Behzadi v Behzadi

Permission to appeal is refused on all original grounds as they have no real prospect of success, but permission is granted to amend the grounds to argue that the award to the husband was plainly too high, failed to properly apply the principles of need and sharing, and did not consider the wife's ability to raise the required cash.

Parties
Applicant: Fatemeh Behzadi; Respondent: Mohammed Reza Behzadi
Jurisdiction
England and Wales
Judgment Date
06 March 2008
Procedural Posture
Family / Application for Permission to Appeal From Ancillary Relief Order
Outcome
Permission to appeal refused on original grounds; permission granted to amend grounds and appeal on new ground
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Enforcement of Foreign Judgments, Clean Break, Litigation Misconduct
Family Law Ancillary Relief Division of Matrimonial Assets Enforcement of Foreign Judgments Clean Break Litigation Misconduct

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Parties

Fatemeh Behzadi

Applicant

Mohammed Reza Behzadi

Respondent

Procedural Posture

Family / Application for Permission to Appeal From Ancillary Relief Order

Legal Issues

  1. 1 Whether the ancillary relief award to the husband was excessive and failed to properly apply the principles of need and sharing
  2. 2 Whether the judge failed to consider the wife's ability to raise and deploy the cash sums ordered
  3. 3 Whether the judge erred in his treatment of the Iranian debt and the valuation of Iranian properties

Ratio Decidendi

Permission to appeal is refused on all original grounds as they have no real prospect of success, but permission is granted to amend the grounds to argue that the award to the husband was plainly too high, failed to properly apply the principles of need and sharing, and did not consider the wife's ability to raise the required cash.

Court Disposition

Permission to appeal refused on original grounds; permission granted to amend grounds and appeal on new ground

Orders

  • Wife permitted to amend grounds of appeal in accordance with draft provided by court
  • Permission granted to appeal on amended ground