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22 JUL 2008

ANCILLARY RELIEF: Whitehouse-Piper v Stokes [2008]

(Court of Appeal; Thorpe, Wall and Stanley Burnton LJJ; 15 July 2008)

A wife who had applied in her divorce petition for all forms of ancillary relief was entitled subsequently to issue a notice of intention to proceed, even though in the event the notice was issued after her remarriage. A party was entitled to ask for leave against him or herself, and therefore Matrimonial Causes Act 1973, s 28(3) did not arise.

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