Mubarak v Mubarik & Ors

Mubarak v Mubarik & Ors

The court retains jurisdiction to vary the post-nuptial settlement constituted by the IMK Family Trust, as the principal order did not amount to a once-and-for-all capital settlement and expressly kept the variation power open until payment of the lump sum. The applications to set aside the transfer of shares and exclusion fail for lack of requisite intention and because exclusion is not a disposition. The slip rule is applied to correct the principal order to clarify the scope of claims. Discretion is exercised to vary the trust for the benefit of the wife, enabling enforcement of the sums owed under the principal order, given the husband's total failure to pay and the adverse impact on...

Parties
Petitioner/wife: Aaliya Mubarak; First Respondent/husband: Iqbal Mubarik; Second Respondent: The Craven Trust Company Limited; Third Respondent: Salem Mubarak; Third Respondent: Noor Mubarak; Fourth Respondent: Osman Mubarak; Fifth Respondent: Hamza Mubarak
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Matrimonial/family / Post Judgment Enforcement and Ancillary Relief Applications
Outcome
Applications to set aside the transfer of shares and exclusion dismissed; application to vary the post-nuptial settlement granted; slip rule correction granted.
Legal Topics
Variation of Post Nuptial Settlement, Enforcement of Financial Orders, Jurisdiction Over Foreign Trusts, Slip Rule Correction, Property Adjustment Orders
Family Law Trusts and Estates International Private Law Variation of Post Nuptial Settlement Enforcement of Financial Orders Jurisdiction Over Foreign Trusts Slip Rule Correction Property Adjustment Orders

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Parties

Aaliya Mubarak

Petitioner/wife

Iqbal Mubarik

First Respondent/husband

The Craven Trust Company Limited

Second Respondent

Salem Mubarak

Third Respondent

Noor Mubarak

Third Respondent

Osman Mubarak

Fourth Respondent

Hamza Mubarak

Fifth Respondent

Procedural Posture

Matrimonial/family / Post Judgment Enforcement and Ancillary Relief Applications

Legal Issues

  1. 1 Whether the transfer of shares into the IMK Family Trust can be set aside under section 37 Matrimonial Causes Act 1973 or section 423 Insolvency Act 1986
  2. 2 Whether the exclusion of the wife from the trust is a disposition under section 37
  3. 3 Whether the court retains jurisdiction to vary the post-nuptial settlement under section 24(1)(c) Matrimonial Causes Act 1973

Ratio Decidendi

The court retains jurisdiction to vary the post-nuptial settlement constituted by the IMK Family Trust, as the principal order did not amount to a once-and-for-all capital settlement and expressly kept the variation power open until payment of the lump sum. The applications to set aside the transfer of shares and exclusion fail for lack of requisite intention and because exclusion is not a disposition. The slip rule is applied to correct the principal order to clarify the scope of claims. Discretion is exercised to vary the trust for the benefit of the wife, enabling enforcement of the sums owed under the principal order, given the husband's total failure to pay and the adverse impact on...

Court Disposition

Applications to set aside the transfer of shares and exclusion dismissed; application to vary the post-nuptial settlement granted; slip rule correction granted.

Orders

  • Variation of the IMK Family Trust for the benefit of Aaliya Mubarak to empower and require trustees to pay sums owed under the principal order (lump sum, arrears of periodical payments, costs), subject to pound-for-pound satisfaction and not exceeding trust assets.
  • Correction of the principal order under the slip rule to clarify dismissal of remaining property adjustment claims upon payment in full of the lump sum.