Grocholewska-Mullins v Mullins

Grocholewska-Mullins v Mullins

The appeal was allowed only to the extent that interim periodical payments of £1,000 per month should be made by the husband to the wife until the final instalment of the capitalised sum is paid, with such payments deducted from the final instalment, maintaining the total capitalised figure at £300,000.

Parties
Applicant: Grocholewska-Mullins; Respondent: Mullins
Jurisdiction
England and Wales
Judgment Date
04 February 2014
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal allowed in part
Legal Topics
Variation of Periodical Payments, Capitalised Maintenance, Financial Hardship, Clean Break, Staging of Instalments
Family Law Variation of Periodical Payments Capitalised Maintenance Financial Hardship Clean Break Staging of Instalments

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Parties

Grocholewska-Mullins

Applicant

Mullins

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the staging of capitalised maintenance payments caused undue financial hardship to the wife
  2. 2 Whether periodical payments should continue during the period of staged capitalised payments

Ratio Decidendi

The appeal was allowed only to the extent that interim periodical payments of £1,000 per month should be made by the husband to the wife until the final instalment of the capitalised sum is paid, with such payments deducted from the final instalment, maintaining the total capitalised figure at £300,000.

Court Disposition

appeal allowed in part

Orders

  • Variation of Judge Horowitz's order to provide periodical payments of £1,000 per calendar month from today until the final instalment of the capitalised sum is paid, with interim payments deducted from the final instalment.
  • Periodical payments to stand dismissed once the final instalment is paid.