Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

18 APR 2011

ANCILLARY RELIEF: Kremen v Agrest [2011] EWHC 2571 and 3091 (Fam)

(Family Division; Mostyn J; 15 October and 3 December 2010)

This judgment concerned a charge by the husband of matrimonial home (already subject to two charges) in favour of a third party. The wife sought to have charge set aside either under Matrimonial and Family Proceedings Act 1984, s 23 or as sham.

The applications to set aside transactions as shams or under s23 MFPA 1984 for intention to defeat the wife's claims.  The test for sham is a stiff one. Two of the transactions were set aside under s23, the other as a sham. The Court of Appeal upheld the orders

See also Everclear Ltd v Agrest and Kremen [2011] EWCA Civ 232

Family Law

journal

"the principal (monthly) periodical dealing with contemporary issues" Sir Mark Potter P

More Info from £49.00
Available in Family Law Online
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Subscribe to our newsletters