Barnes v Barnes [1972] EWCA Civ 2 (28 July 1972)

Barnes v Barnes [1972] EWCA Civ 2 (28 July 1972)

Maintenance orders must balance the husband's ability to pay, his new obligations, and the wife's and children's needs, with social security benefits supplementing where necessary; nominal maintenance for wife was inappropriate, and a specific order should be made.

Citation
[1972] EWCA Civ 2
Parties
Petitioner/appellant: Ruth Margaret Barnes; Respondent: Gordon William Barnes
Jurisdiction
England and Wales
Judgment Date
28 July 1972
Procedural Posture
Appeal / Judgment on Appeal From Southampton County Court
Outcome
Appeal against June 1971 order dismissed; appeal against March 1972 order allowed in part.
Legal Topics
Maintenance, Social Security Benefits, Financial Obligations, Remarriage, Child Support
Family Law Maintenance Social Security Benefits Financial Obligations Remarriage Child Support

Case Brief

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Parties

Ruth Margaret Barnes

Petitioner/appellant

Gordon William Barnes

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Southampton County Court

Legal Issues

  1. 1 Appropriate maintenance order for former wife and children
  2. 2 Impact of social security benefits on maintenance orders
  3. 3 Effect of husband's remarriage on maintenance obligations

Ratio Decidendi

Maintenance orders must balance the husband's ability to pay, his new obligations, and the wife's and children's needs, with social security benefits supplementing where necessary; nominal maintenance for wife was inappropriate, and a specific order should be made.

Court Disposition

Appeal against June 1971 order dismissed; appeal against March 1972 order allowed in part.

Orders

  • Order of 13 March 1972 varied: wife to receive £2 per week maintenance instead of 5p nominal order; children's maintenance remains at £1.50 per week each; variations effective from date of judgment; no order as to costs except legal aid taxation.