There is no presumption in favour of a clean break provision in an ancillary relief claim. A nominal award of maintenance was appropriate where the wife’s long dependency and continued responsibility for children made future earning capacity problematic. A dismissal of a claim for maintenance where the wife was relatively mature should not be expected. Fairness requires that the aspect of compensation should be taken into account by the court when exercising its statutory powers
Citations:
Gazette 20-Oct-1999, [1998] EWCA Civ 1634, [1999] 2 FLR 176
Links:
Statutes:
Matrimonial Causes Act 1973 23
Jurisdiction:
England and Wales
Cited by:
Cited – Miller v Miller; McFarlane v McFarlane HL 24-May-2006
Fairness on Division of Family Capital
The House faced the question of how to achieve fairness in the division of property following a divorce. In the one case there were substantial assets but a short marriage, and in the other a high income, but low capital.
Held: The 1973 Act . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 20 May 2022; Ref: scu.89463
