AB v CD [2023] EWFC 103 (B) (18 May 2023)

AB v CD [2023] EWFC 103 (B) (18 May 2023)

Given the profound and lifelong disabilities of XFR, the wife's ongoing primary care responsibilities, her own health limitations, and the husband's financial circumstances, the court orders the husband to pay £1,200 pcm (£1,199 to XFR, £1 to the wife) as a final order. The joint lives order in favour of the wife is not discharged at this time, as she cannot adjust without undue hardship.

Citation
[2023] EWFC 103 (B)
Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
18 May 2023
Procedural Posture
Family Law Financial Remedies / Final Hearing and Judgment on Periodical Payments and Spousal Maintenance
Outcome
Final order for periodical payments: £1,199 pcm to XFR and £1 pcm to the wife; joint lives order for the wife not discharged.
Legal Topics
Periodical Payments, Spousal Maintenance, Disabled Adult Child Maintenance, Variation of Maintenance Orders, Matrimonial Causes Act 1973, Universal Credit Impact, Care Responsibilities
Family Law Periodical Payments Spousal Maintenance Disabled Adult Child Maintenance Variation of Maintenance Orders Matrimonial Causes Act 1973 Universal Credit Impact Care Responsibilities

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family Law Financial Remedies / Final Hearing and Judgment on Periodical Payments and Spousal Maintenance

Legal Issues

  1. 1 Quantum and duration of periodical payments for a disabled adult child
  2. 2 Whether to discharge the nominal joint lives periodical payments order in favour of the wife

Ratio Decidendi

Given the profound and lifelong disabilities of XFR, the wife's ongoing primary care responsibilities, her own health limitations, and the husband's financial circumstances, the court orders the husband to pay £1,200 pcm (£1,199 to XFR, £1 to the wife) as a final order. The joint lives order in favour of the wife is not discharged at this time, as she cannot adjust without undue hardship.

Court Disposition

Final order for periodical payments: £1,199 pcm to XFR and £1 pcm to the wife; joint lives order for the wife not discharged.

Orders

  • Husband to pay £1,199 per calendar month to XFR and £1 per calendar month to the wife as periodical payments.
  • This is a final order.