Goyal v Goyal [2016] EWCA Civ 792 (29 July 2016)

Goyal v Goyal [2016] EWCA Civ 792 (29 July 2016)

The Family Court had no jurisdiction to make a mandatory injunction or periodical payments order effecting the transfer or assignment of a foreign pension annuity outside the statutory scheme of the Matrimonial Causes Act 1973. Section 37 of the Senior Courts Act 1981 cannot be used to make substantive final orders; it is limited to ancillary or supportive relief. The judge's orders were made without jurisdiction and must be set aside. The wife's application for a pension sharing order remains open for proper determination under the statutory scheme.

Citation
[2016] EWCA Civ 792
Parties
Appellant: Goyal; Respondent: Goyal
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Appeal (family Law Financial Remedy) / Court of Appeal Judgment on Appeal From Central Family Court
Outcome
Appeal allowed; impugned orders set aside; matter remitted for re-determination.
Legal Topics
Pension Sharing Orders, Jurisdiction of Family Court, Mandatory Injunctions, International Enforcement of Financial Orders, Ancillary Relief
Family Law Civil Procedure Pension Sharing Orders Jurisdiction of Family Court Mandatory Injunctions International Enforcement of Financial Orders Ancillary Relief

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Parties

Goyal

Appellant

Goyal

Respondent

Procedural Posture

Appeal (family Law Financial Remedy) / Court of Appeal Judgment on Appeal From Central Family Court

Legal Issues

  1. 1 Whether the Family Court has jurisdiction to order transfer or assignment of a foreign pension annuity outside the Matrimonial Causes Act 1973 statutory scheme
  2. 2 Whether a mandatory injunction can be made to effect such transfer when a pension sharing order is unavailable
  3. 3 Whether the judge erred in making substantive orders outside statutory powers

Ratio Decidendi

The Family Court had no jurisdiction to make a mandatory injunction or periodical payments order effecting the transfer or assignment of a foreign pension annuity outside the statutory scheme of the Matrimonial Causes Act 1973. Section 37 of the Senior Courts Act 1981 cannot be used to make substantive final orders; it is limited to ancillary or supportive relief. The judge's orders were made without jurisdiction and must be set aside. The wife's application for a pension sharing order remains open for proper determination under the statutory scheme.

Court Disposition

Appeal allowed; impugned orders set aside; matter remitted for re-determination.

Orders

  • Paragraphs 1 and 2 of the order of 6 January 2016 set aside.
  • Wife's application for a pension sharing order remitted to the Family Court for re-determination.