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14 February 2008
Issue: 7308 / Categories: Case law , Law digest , Family , Ancillary relief
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FAMILY LAW

Marchant v Dixon [2008] EWCA Civ 11, [2008] All ER (D) 160 (Jan)

The issue was whether, where a wife remarries shortly after a consent order has provided for payment of a lump sum to capitalise her periodical payments, that event invalidates the basis or fundamental assumption upon which the order was made.

HELD The court has to ask itself: “Has the basis upon which the order was made or a fundamental, albeit tacit, assumption which underpinned its making, been invalidated by subsequent events?” There would have to be an assumption that, for an indefinite period to be measured in years rather than months or weeks, the wife would not remarry.

 

If and in so far as it was an assumption made by the parties, it must be a common assumption held by both of them, not the unilateral assumption of only one of them. It cannot avail the husband to protest that he thought the deal could be undone if the wife remarried within a relatively short time of the order having been made, whatever that time might be.

 

The court will not embark upon an analysis of their subjective hopes and fears; it must be an objective test.

Issue: 7308 / Categories: Case law , Law digest , Family , Ancillary relief
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MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
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