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Case law: Interim Order for sale

Ian Stirzaker the Head of Family Law at SME Solicitors introduces his latest article explaining and keeping you up to date with developments in the divorce courts


Very often within divorce proceedings a situation arises in which for whatever reason one of the parties digs their heels in and will not move forward on an obvious point that needs to be resolved.

In the recent case of BR v VT (2015) EWHC 2727 the High Court (Mostyn J) dealt with just such a scenario in a way that gives hope to anyone who have ever held their head in despair in the face of a stubborn refusal to face reality.

In the year of the separation the husband had blown a large amount of money on holidays for himself and the children. The parties had agreed to sell the £2.5m marital home and relieve themselves of an enormous mortgage but the wife changed her mind and would not relent.

Both parties had handled themselves in a way that led to the judge being “very critical of both parties”. The Husband received a verbal clip around the ear for indefensible “reckless and irresponsible conduct in spending such a large sum in the year of separation”. The wife was criticised “for reneging on her clear agreement to sell and then sticking her head in the sand like an ostrich.”

As result the judge used powers contained on the one hand within the Family Law Act 1996 to terminate and remove the wife’s rights of occupation and on the other hand within the Family Procedure Rules 2010 to order a sale and to circumvent other technical matters that might have stood in the way in order to bring "financial sanity” to the family.

As part of our unique approach to problem solving SME Solicitors aims to simplify the often complex decisions of the family courts and to present them in a way that our clients can easily understand. If you have a family law problem that needs to be resolved in clear, straightforward way please call either Ian Stirzaker or Joanna Gardner on 01905 7323561.



We have a dedicated microsite for these matters, meet the team who would be assisting you and watch our latest videos >

Added: 02 Nov 2015 15:29

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