EL v ML

EL v ML

The wife remains in financial hardship and cannot adjust without undue hardship to termination of maintenance; the husband's financial position has recovered to pre-2020 levels. The original periodical payments order should be reinstated, including bonus and school fees clauses, backdated to 1 August 2023. Clean break is not justified. No extension to joint lives order is warranted at this stage. Enforcement claims regarding capital and carried interest payments are dismissed as the husband has paid the correct amounts. Costs order of £30,000 in wife's favour is appropriate given the husband's failure to concede reinstatement and the wife's partial success.

Parties
Applicant Wife: EL; Respondent Husband: ML
Jurisdiction
England and Wales
Judgment Date
20 February 2025
Procedural Posture
Financial Remedies (variation/discharge/enforcement of Periodical Payments Order) / Final Hearing and Supplemental Judgment
Outcome
Periodical payments order reinstated; enforcement claims dismissed; costs order in wife's favour.
Legal Topics
Variation of Periodical Payments, Enforcement of Financial Orders, Clean Break, Spousal Maintenance, Child Maintenance, Costs Orders
Family Law Variation of Periodical Payments Enforcement of Financial Orders Clean Break Spousal Maintenance Child Maintenance Costs Orders

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Parties

EL

Applicant Wife

ML

Respondent Husband

Procedural Posture

Financial Remedies (variation/discharge/enforcement of Periodical Payments Order) / Final Hearing and Supplemental Judgment

Legal Issues

  1. 1 Should the suspended periodical payments order be reinstated?
  2. 2 Is the wife entitled to enforcement of capital and carried interest payments?
  3. 3 Should a clean break be ordered?

Ratio Decidendi

The wife remains in financial hardship and cannot adjust without undue hardship to termination of maintenance; the husband's financial position has recovered to pre-2020 levels. The original periodical payments order should be reinstated, including bonus and school fees clauses, backdated to 1 August 2023. Clean break is not justified. No extension to joint lives order is warranted at this stage. Enforcement claims regarding capital and carried interest payments are dismissed as the husband has paid the correct amounts. Costs order of £30,000 in wife's favour is appropriate given the husband's failure to concede reinstatement and the wife's partial success.

Court Disposition

Periodical payments order reinstated; enforcement claims dismissed; costs order in wife's favour.

Orders

  • Reinstatement of DDJ Todd periodical payments order (CPI uprated to £5,344 pcm) including bonus and school fees clauses, backdated to 1 August 2023.
  • Husband to pay wife £30,000 costs by 30 November 2024, with 8% interest in default.