H v H

H v H

It is fair and appropriate to terminate the periodical payments order upon the husband's retirement, provided the wife receives a lump sum of £400,000 to capitalise her future income needs, recognising both her reasonable requirements and the compensation element for her lost earning capacity. The wife has been adequately provided for, and a clean break is desirable and achievable without undue hardship.

Parties
Applicant: H; Respondent: H
Jurisdiction
England and Wales
Judgment Date
18 March 2014
Procedural Posture
Family Law Financial Remedy / Judgment After Contested Application to Vary and Terminate Periodical Payments Order
Outcome
Application allowed in part
Legal Topics
Variation of Periodical Payments, Clean Break, Compensation Principle, Financial Provision on Divorce
Family Law Variation of Periodical Payments Clean Break Compensation Principle Financial Provision on Divorce

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Parties

H

Applicant

H

Respondent

Procedural Posture

Family Law Financial Remedy / Judgment After Contested Application to Vary and Terminate Periodical Payments Order

Legal Issues

  1. 1 Whether the joint lives periodical payments order in favour of the wife should be terminated upon the husband's retirement
  2. 2 Whether a lump sum should be paid to the wife in lieu of ongoing maintenance
  3. 3 How to factor in compensation for the wife's lost earning capacity

Ratio Decidendi

It is fair and appropriate to terminate the periodical payments order upon the husband's retirement, provided the wife receives a lump sum of £400,000 to capitalise her future income needs, recognising both her reasonable requirements and the compensation element for her lost earning capacity. The wife has been adequately provided for, and a clean break is desirable and achievable without undue hardship.

Court Disposition

Application allowed in part

Orders

  • The periodical payments order in favour of the wife shall terminate upon the husband's retirement (no earlier than 2015).
  • The husband shall pay the wife a lump sum of £400,000 upon his retirement in full and final settlement of her claims.