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Family Cases for Reference

To inform the general public about some of the legal principles adopted in family proceedings, some case authorities of the Court of Final Appeal and the Court of Appeal are listed below. They are intended for general reference only and are not meant to be a complete statement of law and practice or as constituting legal or other professional advice. Intended litigants and litigants should consult their own lawyers concerning their specific legal questions if necessary. The Judiciary cannot be held responsible for the content of this list.

JURISDICTION

GROUNDS OF DIVORCE

Modern approach

CHILDREN

FINANCIAL PROVISION

Ancillary Relief

Application for Arrears after 12 Months

Discretionary Trust – Charman Test

Independent Finance

Maintenance pending suit / Litigation Funding

Maintenance provision for illegitimate Child

Misconduct and departure from equality/addbacks/clawbacks

Mediation and Third Party Interests

Non-Matrimonial Assets

Relationship Agreement

Setting Aside of a Final Ancillary Relief Order

Short Marriage; Pre-marital Cohabitation

Financial assistance from third parties

TL v ML preliminary issue trial / Third party beneficial interests

Variation of maintenance

NON-COMPLIANCE OF COURT ORDER / UNDERTAKING