SRJ v DWJ [1998] EWCA Civ 1634 (28 October 1998)

SRJ v DWJ [1998] EWCA Civ 1634 (28 October 1998)

Given the long marriage, the wife's ongoing care of a minor child, her limited earning capacity, and the husband's professional status with potential for improved finances, it was wrong in principle to dismiss the wife's periodical payments claim outright; a nominal order preserves her ability to seek variation if circumstances improve.

Citation
[1998] EWCA Civ 1634
Parties
Respondent/petitioner: SRJ; Appellant/respondent: DWJ
Jurisdiction
England and Wales
Judgment Date
28 October 1998
Procedural Posture
Appeal (ancillary Relief) / Appeal From Swindon County Court Decision on Ancillary Relief After Divorce
Outcome
Appeal allowed in part
Legal Topics
Ancillary Relief, Periodical Payments, Clean Break, Pension Sharing, Financial Provision on Divorce
Family Law Ancillary Relief Periodical Payments Clean Break Pension Sharing Financial Provision on Divorce

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

SRJ

Respondent/petitioner

DWJ

Appellant/respondent

Procedural Posture

Appeal (ancillary Relief) / Appeal From Swindon County Court Decision on Ancillary Relief After Divorce

Legal Issues

  1. 1 Whether a deferred lump sum order should have been made to give the wife a share of the husband's future pension entitlement
  2. 2 Whether the wife's claim for periodical payments should have been dismissed or a nominal order made

Ratio Decidendi

Given the long marriage, the wife's ongoing care of a minor child, her limited earning capacity, and the husband's professional status with potential for improved finances, it was wrong in principle to dismiss the wife's periodical payments claim outright; a nominal order preserves her ability to seek variation if circumstances improve.

Court Disposition

Appeal allowed in part

Orders

  • Nominal periodical payments order of £10 per year in favour of the wife
  • Legal aid taxation of costs