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How BR v VT affects interim orders for ancillary relief
- In ancillary relief (financial order) proceedings, does the Family Court have jurisdiction to make an interim order for sale of the former matrimonial home in which one of the spouses continues to live with the children?
- If so, what is the basis of that jurisdiction?
- Must the court, prior to making any such order, be satisfied that the home rights of the occupying spouse be terminated pursuant to an order under s 33 Family Law act 1996?
In BR v VT Mostyn J ordered the sale of a matrimonial home in which the wife and children were living, but on an interim basis – prior to the making of the final order. What can we learn from this, and how should we be advising our clients?
Click here to read more on this article by Gwyn Evans.
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Tanfield or by Tanfield as a whole.
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