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Jurisdiction to make an interim order for the sale of a former matrimonial home

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Date:16 MAR 2018
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Family law analysis: Sheena Cassidy barrister and deputy head of 3PB examines the decision of Cobb J in WS v HS [2018] EWFC 11  [2018] All ER (D) 158 (Feb) which considers the power of the family courts to make an interim order for sale in circumstances where s 22ZA of the Matrimonial Causes Act 1973 (MCA 1973) does not apply.

What was the background to this case?

The parties separated in 2016. They had three children two of whom remained in the family home. The wife was a home-maker having previously had a successful career. The husband who at one time had a sizeable income was now unemployed and in receipt of job seeker’s allowance. The parties had previously agreed to sell the family home. It had been on the market for approximately two years despite the parties having dropped the price. An offer to purchase was made which the husband...

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