Setting a new course

Parties to divorce proceedings can rely on an increasing number of remedies outside the traditional sphere of ancillary relief to secure their rights, say Amy Radnor and Grant Howell

09 Mar 2010

Two recent decisions, Imerman v Imerman [2009] EWHC 2024 (QB), EWHC 3486 (Fam) and (2010) EWHC 64 (Fam) and the Court of Appeal decision in Smith v Smith [2009] EWCA Civ 1297, highlight the extent to which disputes between divorcing spouses over property, whether real property or information, can no longer be confined to a traditional ancillary relief framework. Increasingly, solicitors must consider not only the family law position but also those reliefs available in the civil and criminal divisions and how they may aid or deter their client.

In Imerman, the husband was in business with his wife’s two brothers and all three operated from the same offices in central London, sharing a computer and IT equi...

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