B v B [2002] EWHC 3106 (Fam) (11 July 2002)

B v B [2002] EWHC 3106 (Fam) (11 July 2002)

The deputy district judge's decisions on periodical payments, lump sum, and refusal to time-limit maintenance were within the reasonable ambit of judicial discretion and not plainly wrong. Although the judge misdirected herself on the Mesher order reasoning, the correct application of legal principles still led to the conclusion that a Mesher order was inappropriate given the wife's curtailed earning capacity and the husband's ability to rebuild capital.

Citation
[2002] EWHC 3106 (Fam)
Parties
Applicant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Appeal (family Law Ancillary Relief) / Judgment on Appeal From Deputy District Judge's Order
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Financial Provision, Short Marriage, Mesher Order, Lump Sum, Periodical Payments, Housing Needs, Clean Break
Family Law Ancillary Relief Financial Provision Short Marriage Mesher Order Lump Sum Periodical Payments Housing Needs +1 more

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Parties

B

Applicant

B

Respondent

Procedural Posture

Appeal (family Law Ancillary Relief) / Judgment on Appeal From Deputy District Judge's Order

Legal Issues

  1. 1 Whether the quantum of periodical payments to the wife was correct
  2. 2 Whether periodical payments should be time-limited
  3. 3 Whether the lump sum awarded for re-housing was excessive

Ratio Decidendi

The deputy district judge's decisions on periodical payments, lump sum, and refusal to time-limit maintenance were within the reasonable ambit of judicial discretion and not plainly wrong. Although the judge misdirected herself on the Mesher order reasoning, the correct application of legal principles still led to the conclusion that a Mesher order was inappropriate given the wife's curtailed earning capacity and the husband's ability to rebuild capital.

Court Disposition

Appeal dismissed

Orders

  • Deputy District Judge's order upheld: lump sum of £175,000 to wife, periodical payments of £1,650 per month (wife £870, child £780), no Mesher order imposed.