Murphy v Murphy: FD 4 Jul 2014

The parties had compromised most parts of their ancillary relief claim, but not all, settling capital claims, but not issues as to whether maintenance should be stepped down, and should be limited in time to the period of education of the children.
Held: The part settlement left the court in an uncomfortable situation, because the issues settled and not settled were interrelated. The court could not reliably predict when the wife would be able to find work. There was provision already for what would happen if she did, and the court therefore declined to make any step down provision. The question of what her position would be as the children reached independence was even more a matter of mere speculation.

Holman J
[2014] EWHC 2263 (Fam)
Matrimonial Causes Act 1973 23(1)(a) 25A(2)
England and Wales


Updated: 26 January 2022; Ref: scu.534042