Whitehouse-Piper v Stokes

Whitehouse-Piper v Stokes

The wife was entitled to make her application for ancillary relief because she had included it in her divorce petition before remarriage; section 28(3) did not bar her from proceeding. The court had jurisdiction to make the property adjustment order and to decline a lump sum.

Parties
Appellant: Whitehouse-Piper; Respondent: Stokes
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Ancillary Relief, Property Adjustment Order, Jurisdiction After Remarriage
Family Law Ancillary Relief Property Adjustment Order Jurisdiction After Remarriage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Whitehouse-Piper

Appellant

Stokes

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the court had jurisdiction to make a property adjustment order after the applicant's remarriage under section 28(3) of the Matrimonial Causes Act 1973
  2. 2 Whether the wife was entitled to ancillary relief having remarried

Ratio Decidendi

The wife was entitled to make her application for ancillary relief because she had included it in her divorce petition before remarriage; section 28(3) did not bar her from proceeding. The court had jurisdiction to make the property adjustment order and to decline a lump sum.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Wife to pay husband's costs as previously ordered