T v R (Maintenance after remarriage: agreement) (Rev 1)

T v R (Maintenance after remarriage: agreement) (Rev 1)

The husband's application is not an abuse of process and does disclose reasonable grounds for bringing or defending the application; the maintenance agreement is variable under section 35 MCA 1973; the wife's application to strike out is refused.

Parties
Applicant: T; Respondent: R
Jurisdiction
England and Wales
Judgment Date
02 March 2016
Procedural Posture
Family / Interlocutory Application (strike Out)
Outcome
Application to strike out refused
Legal Topics
Maintenance Agreement, Variation of Maintenance, Strike Out Application, Financial Remedy, Remarriage Effect
Family Law Maintenance Agreement Variation of Maintenance Strike Out Application Financial Remedy Remarriage Effect

Case Brief

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Parties

T

Applicant

R

Respondent

Procedural Posture

Family / Interlocutory Application (strike Out)

Legal Issues

  1. 1 Whether the husband's application to vary maintenance agreement discloses reasonable grounds for action
  2. 2 Whether the maintenance agreement is variable under section 35 Matrimonial Causes Act 1973
  3. 3 Whether the agreement is a 'maintenance agreement' within the meaning of the Act

Ratio Decidendi

The husband's application is not an abuse of process and does disclose reasonable grounds for bringing or defending the application; the maintenance agreement is variable under section 35 MCA 1973; the wife's application to strike out is refused.

Court Disposition

Application to strike out refused

Orders

  • Case to proceed to next stage
  • Judge intends to retain conduct of case