MATRIMONIAL PROPERTY

bigamy, no entitlement to matrimonial property in case of - 1996, 128/129, 55
constructive trust/licence for benefit of unmarried partner - 1977, 52/53, 74
individual autonomy, new focus on, gives legal effect to pre-nuptial agreements & courts are approving religious arbitration agreements after divorce - 2016, 177, 181
land registration, wife's equitable interest treated as 'over-riding' - 1980, 66/67, 106
legal charge on matrimonial home - 1973, 41, 181
marriage gift agreements can be enforceable (even for religious marriages) after break up; cases arguing if proprietary right or contractual - 2016, 177, 181
Matrimonial Proceedings and Property Act 1970 - 1971, 32, 98
Nikah marriage, validity or not of this entails financial outcomes & concerns children's best interests (case) - 2018, 181, 229; on appeal, was classed as non-qualifying ceremony so no financial remedy possible - 2020, 184, 102
polygamous man died in Ghana with property in UK, surviving wives together recognised as 'spouse' (case) - 2011, 166, 90
polygamous marriages and matrimonial relief - 1972, 37, 123
pre-nuptial agreements: law commission recommends these as legislatively binding (assuming needs met) including religious agreements - 2016, 177, 181
Rent Acts, extension of term 'family' to include unmarried partner - 1977, 52/53, 77
sharia (not civil) marriage and divorce: property given cannot be reclaimed in civil court (case) - 2010, 164, 110
wife's contribution to the matrimonial home - 1972, 35, 78
Greece
wife suffered detriment as Will drawn up with Sharia rules of inheritance; just satisfaction required (ECHR) - 2020, 185, 190
Guernsey
division of jointly held assets after wife causes husband's death in another jurisdiction - 1998, 136/137, 4
Poland
blanket refusal for surviving same-sex partners to suceed to social housing tenancy (as married would) is discrimination - 2010, 165, 226
Spain
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Turkey
Turkey not obliged to recognise religious (non-civil) marriage for purpose of survivor's benefits (ECHR) - 2011, 166, 98

Published by:

The Edmund Plowden Trust