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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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NLJ Career Profile: Daniel Burbeary, Michelman Robinson

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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