CR v SR [2013] EWHC 1155 (Fam) (22 January 2013)
The husband has a realistic prospect of success in appealing the District Judge's order because the combination of capital and maintenance orders may fall outside the reasonable bracket of outcomes, creating an undue imbalance in favour of the wife and failing to address the husband's future capital needs.
- Citation
- [2013] EWHC 1155 (Fam)
- Parties
- Appellant: CR; Respondent: SR
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2013
- Procedural Posture
- Financial Remedy Appeal / Application for Permission to Appeal
- Outcome
- Permission to appeal granted
- Legal Topics
- Financial Remedies, Appeals, Maintenance Orders, Division of Assets, Clean Break, Needs Principle
Case Brief
Summary, issues, holding and outcome
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Parties
CR
Appellant
SR
Respondent
Procedural Posture
Financial Remedy Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the District Judge's financial remedy order was within the reasonable bracket of outcomes
- 2 Whether the maintenance and capital orders created an unfair imbalance between the parties
- 3 Whether the District Judge failed to consider the husband's future capital needs and the appropriateness of a clean break
Ratio Decidendi
The husband has a realistic prospect of success in appealing the District Judge's order because the combination of capital and maintenance orders may fall outside the reasonable bracket of outcomes, creating an undue imbalance in favour of the wife and failing to address the husband's future capital needs.
Court Disposition
Permission to appeal granted
Orders
- Appeal to be listed for hearing
- Parties urged to attempt settlement before hearing
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