Aburn v Aburn

Aburn v Aburn

The deputy district judge was wrong in law and plainly wrong in discretion by making an advance variation order for periodical payments based solely on the cessation of school fees, without considering all relevant future financial circumstances and needs. The order was speculative and unsupported by evidence or reasoning, and thus must be set aside.

Parties
Appellant: Aburn; Respondent: Aburn
Jurisdiction
England and Wales
Judgment Date
04 February 2016
Procedural Posture
Appeal Financial Provision (divorce) / Second Appeal From Family Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Financial Provision, Periodical Payments, Variation of Maintenance, Divorce, Judicial Discretion
Family Law Financial Provision Periodical Payments Variation of Maintenance Divorce Judicial Discretion

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Parties

Aburn

Appellant

Aburn

Respondent

Procedural Posture

Appeal Financial Provision (divorce) / Second Appeal From Family Court to Court of Appeal

Legal Issues

  1. 1 Whether the deputy district judge erred in law and discretion by ordering an automatic increase in periodical payments to the wife upon the youngest child ceasing secondary education.

Ratio Decidendi

The deputy district judge was wrong in law and plainly wrong in discretion by making an advance variation order for periodical payments based solely on the cessation of school fees, without considering all relevant future financial circumstances and needs. The order was speculative and unsupported by evidence or reasoning, and thus must be set aside.

Court Disposition

Appeal allowed

Orders

  • Paragraph 18 of the deputy district judge's order dated 18th August 2014 is struck out in its entirety.
  • Either party may apply to vary the periodical payments order upon a change in circumstances.