W v W

W v W

The judge was entitled to vary the joint lives spousal maintenance order to a term order with reducing payments, given the respondent's failure to seek employment, her prior work experience, and the need for both parties to make retirement provision. There was no real prospect of success in the appeal as the judge gave sufficient reasons and acted on detailed evidence.

Parties
Appellant: Ian W; Respondent: Tracey W
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal (renewed)
Outcome
application for permission to appeal dismissed
Legal Topics
Variation of Spousal Maintenance, Earning Capacity, Retirement Provision, Periodical Payments
Family Law Variation of Spousal Maintenance Earning Capacity Retirement Provision Periodical Payments

Case Brief

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Parties

Ian W

Appellant

Tracey W

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (renewed)

Legal Issues

  1. 1 Whether the judge erred in varying a joint lives spousal maintenance order to a term order with reducing payments
  2. 2 Whether the respondent could reasonably be expected to become financially self-sufficient within the period specified
  3. 3 Whether the judge failed to consider the respondent's retirement needs and the petitioner's future financial position

Ratio Decidendi

The judge was entitled to vary the joint lives spousal maintenance order to a term order with reducing payments, given the respondent's failure to seek employment, her prior work experience, and the need for both parties to make retirement provision. There was no real prospect of success in the appeal as the judge gave sufficient reasons and acted on detailed evidence.

Court Disposition

application for permission to appeal dismissed

Orders

  • Renewed application for permission to appeal is dismissed.
  • Variation of spousal maintenance order stands as ordered by Judge Roberts.