Ancillary to NOTHING

Posted on | June 8, 2009 | No Comments

Where there is no lawful marriage there is no divorce and where there is no divorce there is nothing for ancillary relief to be ancillary to. The BBC reports on the High Court ruling recently in respect of a distant beach marriage that did not create legal ties. Did this poor lady never hear of Jerry Hall? Sad story, but not in fact terribly interesting legally. What an unpleasant argument to have to run on behalf of the not-husband.

If that were a tale of the innocent deprived of their just deserts, this by contrast is a tale of a refusal by the courts to help an applicant for ancillary relief which is far less likely to arous you sympathy: this case of a paedophile convicted of sexually abusing his ex wife’s grandchildren is a rare example of conduct deemed bad enough to warrant the court refusing to exercise its discretion.

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