Fleming v Fleming

Fleming v Fleming

The judge below erred in principle by failing to give sufficient weight to the statutory obligation to consider a clean break and to the sufficiency of the wife's and her cohabitee's combined incomes. The findings did not support the conclusion that the wife would suffer undue hardship if payments ceased. The appeal was allowed and the wife's application for extension was dismissed.

Parties
Appellant/respondent: Fleming; Respondent/claimant: Fleming
Jurisdiction
England and Wales
Judgment Date
17 November 2003
Procedural Posture
Civil Appeal (family Law) / Appeal From County Court Decision on Variation of Periodical Payments Order
Outcome
Appeal allowed; wife's application for extension of periodical payments dismissed.
Legal Topics
Ancillary Relief, Periodical Payments, Variation of Maintenance Orders, Cohabitation, Clean Break Principle
Family Law Ancillary Relief Periodical Payments Variation of Maintenance Orders Cohabitation Clean Break Principle

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Parties

Fleming

Appellant/respondent

Fleming

Respondent/claimant

Procedural Posture

Civil Appeal (family Law) / Appeal From County Court Decision on Variation of Periodical Payments Order

Legal Issues

  1. 1 Whether the wife was entitled to an extension of periodical payments after the expiry of the original consent order
  2. 2 Whether the judge below correctly applied the statutory duty to consider a clean break under Matrimonial Causes Act 1973, Section 31(7)
  3. 3 Impact of cohabitation on entitlement to maintenance

Ratio Decidendi

The judge below erred in principle by failing to give sufficient weight to the statutory obligation to consider a clean break and to the sufficiency of the wife's and her cohabitee's combined incomes. The findings did not support the conclusion that the wife would suffer undue hardship if payments ceased. The appeal was allowed and the wife's application for extension was dismissed.

Court Disposition

Appeal allowed; wife's application for extension of periodical payments dismissed.

Orders

  • No order for reimbursement of interim payments already made to wife (approx. £6,000)
  • No order as to costs at trial