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01 February 2007 / David Burrows
Issue: 7258 / Categories: Features , Divorce , Family
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finance on family breakdown

EQUITABLE PRINCIPLES IN FAMILY PROCEEDINGS

In S v S (M Intervening) [2006] EWHC 2892 (Fam), [2006] All ER (D) 229 (Nov) the wife (W) had retained the former matrimonial home (the property) upon the parties’ divorce in 1989. The husband (H) had a charge-back of one-third realisable when the children ceased to be dependent, W remarried or cohabited permanently or she died—standard Mesher terms. H was required to pay periodical payments for W and the children. In 1993, said W, H agreed to remit his charge on the property if W agreed to forego her entitlement to the arrears then due and to any future payments.

 In 1995 W’s mother (M) moved to and then bought a half-share in the property; but on the assumption of both W and M that H no longer had any charge on, nor other interest in, the property. M said she and H had had separate discussions on the subject. H had not registered his charge with Land Registry. W and M’s agreement was not formalised in

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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