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Family Law

The leading authority on all aspects of family law

06 DEC 2005

FINANCIAL PROVISION: Harb v Aziz [2005] EWCA Civ 1324

(Court of Appeal; Thorpe, Dyson and Wall LJJ; 9 November 2005) [2006] 1 FLR 825

The death of a respondent to an application for reasonable maintenance under Matrimonial Causes Act 1973, s 27, brought the proceedings to an end. Section 27 provided a remedy exercisable only during joint lives. The applicant's claim was not a cause of action under Law Reform (Miscellaneous Provisions) Act 1934, s 1(1) and did not survive against the estate after the respondent's death. The normal procedure for relief available to an applicant under s 27 whose application was terminated by the respondents death lay with an application under the Inheritance (Provision for Family and Dependants) Act 1975, but that was not available in this case, as the respondent had not been domiciled in England and Wales. This case might therefore demonstrate a lacuna, given the considerable volume of litigated disputes between spouses and former spouses where the respondent held a foreign domicile.

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