Beighton v Beighton

Beighton v Beighton

The matter is adjourned for an oral hearing on notice to the respondent, as the judge cannot determine at this stage whether the applicant's arguments meet the threshold for permission to appeal. The judge identifies arguable issues regarding the approach to division of assets and maintenance, and the need for...

Source-derived case information.

Parties
Applicant: Jillian Ann Beighton; Respondent: Timothy George Beighton
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Tier)
Outcome
Application for permission to appeal adjourned for oral hearing on notice to the respondent; no order for costs.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Maintenance, Pension Sharing, Appeals Procedure
Family Law Ancillary Relief Division of Matrimonial Assets Maintenance Pension Sharing Appeals Procedure

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Summary, issues, holding and outcome

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Parties

Jillian Ann Beighton

Applicant

Timothy George Beighton

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Tier)

Legal Issues

  1. 1 Whether the lower courts erred in their approach to division of matrimonial assets and periodical payments
  2. 2 Whether the reasonable needs approach was appropriate versus striving for equality
  3. 3 Whether the imposition of a five-year term on maintenance was justified

Ratio Decidendi

The matter is adjourned for an oral hearing on notice to the respondent, as the judge cannot determine at this stage whether the applicant's arguments meet the threshold for permission to appeal. The judge identifies arguable issues regarding the approach to division of assets and maintenance, and the need for further clarification and representation.

Court Disposition

Application for permission to appeal adjourned for oral hearing on notice to the respondent; no order for costs.

Orders

  • Matter adjourned to an oral hearing on notice to the respondent (husband)
  • Oral hearing to last one and a half hours