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Morgan v Hill: CA 28 Nov 2006

The father appealed an award of periodical payments to a former partner. She had a child by an earlier relationship. The father was immensely rich and during the relationship made financial provision for the child by the earlier relationship also. The order now appealed continued that. The father said that the court had wrongly interfered with an earlier agreement between the parties for provision.
Held: It was in practice difficult to separate out elements of the benefits of the orders made to differentiate between the two children, but the court could not override the principle which was that he was not responsible to maintain the first child, and the court could not make an order for her benefit. Order adjusted accordingly.

Judges:

Lord Justice Thorpe, Lord Justice Keene and Lord Justice Hughes

Citations:

[2006] EWCA Civ 1602, Times 08-Dec-2006, [2007] 1 WLR 855, [2007] 1 FLR 1480

Links:

Bailii

Statutes:

Children Act 1989 15

Jurisdiction:

England and Wales

Citing:

CitedEdgar v Edgar CA 23-Jul-1980
H and W separated and in 1976, without any pressure H and at the instigation of W, signed a deed of separation negotiated through solicitors. H agreed to purchase a house for W, to confer on her capital benefits worth approximately andpound;100,000, . .
CitedCamm v Camm CA 1982
Ancillary relief was claimed in the face of the terms of a separation agreement.
Held: If asked to look at an ancillary relief settlement agreed between the parties, the court could do so where the original provision was inadequate. Here, the . .
CitedIn re P (Child: Financial Provision) CA 24-Jun-2003
The court considered the amount of an allowance to be provided to a parent which would, on divorce, take care of a child of the family in a moderate to high income case.
Held: The carer would not themselves be entitled to an allowance . .
CitedJ v C (Child’s Financial Provision) 1999
The court explained the absence from the check list in the section of any mention of the welfare of a child of the family. . .
CitedA v A (a minor; financial provision) 1994
. .

Cited by:

CitedRadmacher v Granatino CA 2-Jul-2009
Husband and wife, neither English, had married in England. Beforehand they had signed a prenuptial agreement in Germany agreeing that neither should claim against the other on divorce. The wife appealed against an order to pay a lump sum to the . .
Lists of cited by and citing cases may be incomplete.

Child Support, Family

Updated: 08 July 2022; Ref: scu.246703

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