Goyal v Goyal

Goyal v Goyal

The Family Court had no jurisdiction to make a mandatory injunction requiring transfer or assignment of a foreign pension annuity outside the statutory scheme of the Matrimonial Causes Act 1973; SCA 1981 s.37 does not confer power to make substantive final orders in such circumstances.

Parties
Appellant: Goyal; Respondent: Goyal
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Appeal (family/financial Remedy) / Appeal Judgment
Outcome
Appeal allowed; impugned orders set aside; matter remitted for re-determination.
Legal Topics
Pension Sharing Orders, Jurisdiction of Family Court, Mandatory Injunctions, Ancillary Relief, Enforcement of Foreign Pension Rights
Family Law Civil Procedure Pension Sharing Orders Jurisdiction of Family Court Mandatory Injunctions Ancillary Relief Enforcement of Foreign Pension Rights

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Parties

Goyal

Appellant

Goyal

Respondent

Procedural Posture

Appeal (family/financial Remedy) / Appeal Judgment

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 transfer a foreign pension policy to a spouse
  3. 3 Whether the court can make substantive orders outside the statutory scheme under SCA 1981 s.37

Ratio Decidendi

The Family Court had no jurisdiction to make a mandatory injunction requiring transfer or assignment of a foreign pension annuity outside the statutory scheme of the Matrimonial Causes Act 1973; SCA 1981 s.37 does not confer power to make substantive final orders in such circumstances.

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.
  • Pension sharing application remitted to the Family Court for re-determination.