Fallon v Fallon [2008] EWCA Civ 1653 (20 November 2008)

Fallon v Fallon [2008] EWCA Civ 1653 (20 November 2008)

The original quantification of the lump sum was based on a material mistake of fact regarding the wife's right to buy her council property. The appellate court must reassess the financial provision afresh, considering the true circumstances, Section 25 criteria, and the need for a clean break. The lump sum is reduced to £40,000, the transfer of the insurance policy is reversed, and the nominal periodical payments are struck out.

Citation
[2008] EWCA Civ 1653
Parties
Appellant: Fallon; Respondent: Fallon
Jurisdiction
England and Wales
Judgment Date
20 November 2008
Procedural Posture
Family Law Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Ancillary Relief, Financial Provision, Clean Break, Lump Sum Order, Periodical Payments
Family Law Ancillary Relief Financial Provision Clean Break Lump Sum Order Periodical Payments

Case Brief

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Parties

Fallon

Appellant

Fallon

Respondent

Procedural Posture

Family Law Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 quantification of lump sum for ancillary relief
  2. 2 impact of factual mistake on financial orders
  3. 3 appropriateness of periodical payments

Ratio Decidendi

The original quantification of the lump sum was based on a material mistake of fact regarding the wife's right to buy her council property. The appellate court must reassess the financial provision afresh, considering the true circumstances, Section 25 criteria, and the need for a clean break. The lump sum is reduced to £40,000, the transfer of the insurance policy is reversed, and the nominal periodical payments are struck out.

Court Disposition

appeal allowed

Orders

  • lump sum provision reduced to £40,000
  • transfer of Phoenix insurance policy to wife reversed