The court considered the case of a couple, in their mid-forties. Both had previously been married and both their former spouses married each other. They enjoyed a high standard of living. W brought with her two (2) adopted children from the former marriage. W suffered from a drinking problem. When H brought a teenaged friend of the adopted daughter to live with them, W reacted by going to Cyprus and committing adultery with different persons. H offered to take her back on the condition that the friend of her daughter be permitted to stay in the house.
Held: The deplorable conduct of each party cancelled the effect of the other.
In calculating the matrimonial assets, Balcombe J added back the paid costs of each party into the Schedule of assets, since the assessment of an applicant’s needs without both adding back payments made and disregarding liability for unpaid costs incurred and to be incurred, would effectively anticipate the costs order that would eventually be made.
Judges:
Balcombe J
Citations:
[1985] FLR 789
Jurisdiction:
England and Wales
Cited by:
Cited – Wells v Wells CA 20-Mar-2002
The court considered an application for ancillary relief. The assets were substantial, but before the judge was to deliver his judgment he accepted evidence from the husand that the sale of his business had fallen through and H’s income . .
Lists of cited by and citing cases may be incomplete.
Family, Costs
Updated: 07 December 2022; Ref: scu.235283