Mubarak v Mubarak & Ors

Mubarak v Mubarak & Ors

The original order did not exercise or dismiss the power to vary the post-nuptial settlement; the wife's claims for variation remained alive until the lump sum was paid in full. The application raised no arguable point of law or jurisdiction, and the order was not a once-and-for-all final order as to capital. The slip rule could not be used to alter the substantive effect of the order.

Parties
Appellant: Iqbal Mubarak; Respondent: Mubarak & Ors
Jurisdiction
England and Wales
Judgment Date
17 July 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application refused
Legal Topics
Ancillary Relief, Variation of Post Nuptial Settlement, Jurisdiction, Enforcement of Financial Orders
Family Law Ancillary Relief Variation of Post Nuptial Settlement Jurisdiction Enforcement of Financial Orders

Case Brief

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Parties

Iqbal Mubarak

Appellant

Mubarak & Ors

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to make a further order for variation of a post-nuptial settlement after the original order of 10 December 1999
  2. 2 Whether the original order was a once-and-for-all final order as to capital
  3. 3 Whether the power to vary the post-nuptial settlement had already been exercised or dismissed

Ratio Decidendi

The original order did not exercise or dismiss the power to vary the post-nuptial settlement; the wife's claims for variation remained alive until the lump sum was paid in full. The application raised no arguable point of law or jurisdiction, and the order was not a once-and-for-all final order as to capital. The slip rule could not be used to alter the substantive effect of the order.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • No further order for variation of post-nuptial settlement