PF v QF

PF v QF

The court retains jurisdiction to debar a claim for financial remedies on public policy grounds where the ex turpi causa principle applies, but only where the criminal conduct is of sufficient gravity and causally linked to the claim. On the facts, both parties knew the marriage was void, neither misled the other, and their long-term partnership was akin to marriage. The applicant’s claim is not an abuse of process and should not be struck out.

Parties
Applicant: PF; Respondent: QF
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Family (financial Remedy / Nullity) / Ruling on Application to Strike Out/debar Financial Remedy Claim
Outcome
Respondent’s application to strike out/debar the applicant’s claim for financial remedies is refused.
Legal Topics
Financial Remedies, Nullity of Marriage, Bigamy, Ex Turpi Causa, Strike Out Applications, Public Policy in Family Law
Family Law Financial Remedies Nullity of Marriage Bigamy Ex Turpi Causa Strike Out Applications Public Policy in Family Law

Case Brief

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Parties

PF

Applicant

QF

Respondent

Procedural Posture

Family (financial Remedy / Nullity) / Ruling on Application to Strike Out/debar Financial Remedy Claim

Legal Issues

  1. 1 Whether the court has jurisdiction to debar a bigamous applicant from pursuing a financial remedy claim under the Matrimonial Causes Act 1973
  2. 2 Whether the facts of this case justify the exercise of such jurisdiction

Ratio Decidendi

The court retains jurisdiction to debar a claim for financial remedies on public policy grounds where the ex turpi causa principle applies, but only where the criminal conduct is of sufficient gravity and causally linked to the claim. On the facts, both parties knew the marriage was void, neither misled the other, and their long-term partnership was akin to marriage. The applicant’s claim is not an abuse of process and should not be struck out.

Court Disposition

Respondent’s application to strike out/debar the applicant’s claim for financial remedies is refused.

Orders

  • The application to strike out/debar is dismissed.