AB v CD

AB v CD

Given the profound and lifelong disabilities of the parties' daughter and the wife's inability to work due to her health and care responsibilities, the husband's means, and the parties' respective needs, the husband is ordered to pay £1,200 per month (£1,199 for the daughter, £1 for the wife) as a final order. Discharging the joint lives order now would cause undue hardship to the wife.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Family (financial Remedy) / Final Judgment After Multiple Interim Orders
Outcome
Final order for periodical payments granted; joint lives order for wife not discharged.
Legal Topics
Periodical Payments, Spousal Maintenance, Child Maintenance, Disabled Adult Child, Variation of Maintenance Orders, Matrimonial Causes Act 1973, Universal Credit Impact, Care Responsibilities
Family Law Periodical Payments Spousal Maintenance Child Maintenance Disabled Adult Child Variation of Maintenance Orders Matrimonial Causes Act 1973 Universal Credit Impact +1 more

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family (financial Remedy) / Final Judgment After Multiple Interim Orders

Legal Issues

  1. 1 Quantum and duration of periodical payments for disabled adult child
  2. 2 Whether to discharge nominal joint lives periodical payments order for ex-wife

Ratio Decidendi

Given the profound and lifelong disabilities of the parties' daughter and the wife's inability to work due to her health and care responsibilities, the husband's means, and the parties' respective needs, the husband is ordered to pay £1,200 per month (£1,199 for the daughter, £1 for the wife) as a final order. Discharging the joint lives order now would cause undue hardship to the wife.

Court Disposition

Final order for periodical payments granted; joint lives order for wife not discharged.

Orders

  • Husband to pay £1,200 per month (£1,199 to daughter, £1 to wife) as a final order.
  • Reporting restriction order issued to protect anonymity of parties and daughter.