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

27 JUN 2006

CRIMINAL LAW/ANCILLARY RELIEF: Crown Prosecution Service v Richards [2006] EWCA Civ 849

(Court of Appeal; Thorpe, Moses and Hedley LJJ; 27 June 2006)

Where matrimonial assets were tainted and subject to confiscation, they should not ordinarily, as a matter of justice and public policy, be distributed. That was not to say that the court considering an application for financial provision under the Matrimonial Causes Act 1973 was deprived of jurisdiction by the existence of a confiscation order, nor to say that in no circumstances would an order distributing such assets be justified. However, the judge had been in error in thinking that the requirement to conduct a balancing exercise meant that in every case all factors were relevant. In a case such as this the knowledge of the wife, throughout her married life, that the lifestyle and the assets she enjoyed were derived from drug trafficking was dispositive.

Family Court Practice, The

(Red Book)

The Red Book is the acknowledged authority on practice and procedure

More Info from £498.00
Available in Family Law Online
Cohabitation

Cohabitation

Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Subscribe to our newsletters