AJC v PJP [2021] EWFC B25 (09 January 2021)

AJC v PJP [2021] EWFC B25 (09 January 2021)

The court held that the financial hardship suffered by the applicant as a result of the COVID-19 pandemic was not a sufficient basis to convert a nominal spousal maintenance order into a substantive order, as it was not causally connected to the marriage or a relationship-generated disadvantage. The nominal order is not intended as a general insurer against misfortune or unexpected life events unrelated to the marriage. The application was therefore dismissed.

Citation
[2021] EWFC B25
Parties
Applicant and Former Wife: AJC; Respondent and Former Husband: PJP
Jurisdiction
England and Wales
Judgment Date
09 January 2021
Procedural Posture
Financial Remedies (variation of Spousal Maintenance) / Reserved Judgment After Preliminary/case Management Hearing
Outcome
Application dismissed
Legal Topics
Spousal Maintenance, Variation of Orders, Nominal Maintenance Orders, Clean Break Principle, COVID 19 Pandemic Impact
Family Law Spousal Maintenance Variation of Orders Nominal Maintenance Orders Clean Break Principle COVID 19 Pandemic Impact

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Parties

AJC

Applicant and Former Wife

PJP

Respondent and Former Husband

Procedural Posture

Financial Remedies (variation of Spousal Maintenance) / Reserved Judgment After Preliminary/case Management Hearing

Legal Issues

  1. 1 Under what circumstances should a nominal spousal maintenance order be converted into a substantive order?
  2. 2 Is the financial impact of the COVID-19 pandemic a sufficient basis for such conversion?
  3. 3 What is the role of relationship-generated disadvantage in variation applications?

Ratio Decidendi

The court held that the financial hardship suffered by the applicant as a result of the COVID-19 pandemic was not a sufficient basis to convert a nominal spousal maintenance order into a substantive order, as it was not causally connected to the marriage or a relationship-generated disadvantage. The nominal order is not intended as a general insurer against misfortune or unexpected life events unrelated to the marriage. The application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Application to convert nominal spousal maintenance order to substantive order is dismissed.
  • Nominal spousal maintenance order remains in place but is unlikely to be converted in future absent significant change.