header-logo header-logo

11 May 2012 / Sarah Wood
Issue: 7513 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Robbing Peter to pay Paul?

istock_000000481013medium_4

Ancillary relief v confiscation proceedings: what takes priority, asks Sarah Wood

As Judge LJ observed in Customs & Excise Commissioners v A [2003] 2 WLR 210, all marriages are subject to the provisions of the Matrimonial Causes Act 1973 (MCA 1973). The marriages of criminals are not excluded. Consequently, the question of who should benefit from any assets acquired during the marriage as a result of criminality is one that has troubled the courts. Should the MCA 1973 take priority so as to make provision for the innocent spouse, or does the Proceeds of Crime Act 2002 (POCA 2002) enable the state to intervene, to the extent that any confiscation order will then take precedence? At a time when the government is counting every penny, should it not be automatically entitled to an order for confiscation to ensure that the proceeds of crime are at least being shared by the “big society”, rather than just the immediate family of the criminal?

No automatic priority

The theme that has

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll