How BR v VT affects interim orders for ancillary relief

  • Gwyn Evans Author: Gwyn Evans
  • Date: 11 Nov, 2015
  • In: Articles
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  1. In ancillary relief (financial order) proceedings, does the Family Court have jurisdiction to make an interim order for sale of the former matrimonial home in which one of the spouses continues to live with the children?
  2. If so, what is the basis of that jurisdiction?
  3. Must the court, prior to making any such order, be satisfied that the home rights of the occupying spouse be terminated pursuant to an order under s 33 Family Law act 1996?

In BR v VT Mostyn J ordered the sale of a matrimonial home in which the wife and children were living, but on an interim basis - prior to the making of the final order.  What can we learn from this, and how should we be advising our clients?

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