A v A

A v A

The wife should be discharged from repayment of £559,000 to the husband, reflecting a fair balance between the parties in light of the agreement, her needs, and the unforeseen financial outcome; 50% of her non-pension assets should be amortised for income, but she retains some free capital for security and flexibility.

Parties
Applicant: A; Respondent: A
Jurisdiction
England and Wales
Judgment Date
17 August 2018
Procedural Posture
Family Division Financial Remedy Appeal / Post Appeal Judgment and Determination of Financial Orders
Outcome
The wife is discharged from repayment of £559,000 to the husband; she must repay £1,066,000, with no further uncertain future repayments.
Legal Topics
Financial Remedies, Consent Orders, Variation of Undertakings, Needs Assessment, Amortisation of Assets
Family Law Financial Remedies Consent Orders Variation of Undertakings Needs Assessment Amortisation of Assets

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Parties

A

Applicant

A

Respondent

Procedural Posture

Family Division Financial Remedy Appeal / Post Appeal Judgment and Determination of Financial Orders

Legal Issues

  1. 1 Whether the wife should be excused from repayment of sums advanced by the husband under the consent order
  2. 2 Extent to which the wife's assets should be amortised for income
  3. 3 Application of fairness and needs principles in light of parties' agreement

Ratio Decidendi

The wife should be discharged from repayment of £559,000 to the husband, reflecting a fair balance between the parties in light of the agreement, her needs, and the unforeseen financial outcome; 50% of her non-pension assets should be amortised for income, but she retains some free capital for security and flexibility.

Court Disposition

The wife is discharged from repayment of £559,000 to the husband; she must repay £1,066,000, with no further uncertain future repayments.

Orders

  • The wife is discharged from repayment of £559,000 and £170,000 to the husband.
  • The wife must repay £1,066,000 to the husband.