The parties were to divorce. H was leaving the RAF and received a gratuity of andpound;2,200 and, having commuted his pension, received a total of andpound;7,624 which he gave over to the woman he now wished to marry. She in turn bought a mnk farm which they operated together, but not yet at a profit. He lived rent free at the farm and retained a small pension. W had very limited earning capacity. The elder child was to leave his private school.
Held: In settling on an amount for maintenance, the court must look at H’s capacity and ability to provide it. Given that his needs were provided from the farm, the court made orders amounting to his entire cash income in favour of W.
Citations:
[1958] 1 WLR 827, [1958] 2 All ER 660, (1958) 102 Sol Jo 548
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Thomas v Thomas CA 2-May-1995
H was a wealthy businessman, but, as a member of Lloyds, he had been required to charge the family home to secure potential liabilities. Also, the company of which he was managing director had always paid out only smaller sums by way of dividends, . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 16 May 2022; Ref: scu.551324
