KSO v MJO & Ors, Court of Appeal - Family Division, December 08, 2008, [2008] EWHC 3031 (Fam)
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KSO v MJO & Ors, Court of Appeal - Family Division, December 08, 2008, [2008] EWHC 3031 (Fam)
Neutral Citation Number: [2008] EWHC 3031 (Fam)
Case No: HG07D00256IN THE HIGH COURT OF JUSTICEFAMILY DIVISIONNEWCASTLE-UPON-TYNE DISTRICT REGISTRY(In Private) The Law CourtsThe QuaysideNewcastle-Upon-Tyne NE1 3LADate: 8 December 2008Before :MR JUSTICE MUNBY- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Mr James Turner QC (instructed by Stowe Family Law LLP) for the Petitioner (wife) Mr Valentine Le Grice QC (instructed by Ward Hadaway) for the First Respondent (husband) Mr Philip Moor QC (instructed by) and Mr Ian Kennerley (of Dickinson Dees LLP) for the Second Respondent (husband's father) and the Intervener (husband's mother) Hearing dates: 17-19 November 2008- - - - - - - - - - - - - - - - - - - - -JudgmentMr Justice Munby : 1. These are ancillary relief proceedings. 2. The wife issued her petition for divorce in the Harrogate County Court on 25 May 2007. Subsequently, and in circumstances I must shortly describe, the husband's father was joined as a respondent and his mother as an intervener. I shall, for convenience, refer to the parties as the wife, the husband, the father-in-law and the mother-in-law. 3. There are two children of the marriage, daughters aged 14 and 12 respectively.The proceedings4. The proceedings have had a somewhat complex history, reflected in the fact that by the time the matter was before me the court file was some five or six inches thick. I summarise that history but only to the extent necessary for immediate purposes.5. The wife served her Form A on 1 June 2007. Her Form E followed on 24 July 2007 and the husband's on 27 July 2007. The parties' Replies to the Questionnaires which each had served on the other (the wife on 22 August 2007 and the husband on 3 September 2007) were exchanged on 9 October 2007. Both served a Schedule of Deficiencies. The husband replied to the wife's Schedule on 23 November 2007; the wife to the husband's on 11 January 2008, at the same time as the husband replied to the wife's Schedule of Continuing Deficiencies. In the meantime, two things had happened. On 31 August 2007 the District Judge made an order, by agreement of the parties, for the sale of the former matrimonial home. That order has never been implemented. And on 30 October 2007, the wife had applied for maintenance pending suit. 6. The two Forms E and accompanying documents took up a total of 263 pages; the various Replies to Questionnaires, Replies to Schedules of Deficiencies and accompanying documents took up a further 237 pages - a grand total of 500 pages. 7. Amongst the documents attached to the husband's Form E were two which bulk large in the issues I have had to consider. One, purportedly dated 2 September 1998, was an agreement expressed to be between, and signed by...See the full content of this document
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