M v M [2017] EWCA Civ 129 (01 February 2017)

M v M [2017] EWCA Civ 129 (01 February 2017)

The judge erred in principle by failing to explain how the wife's basic needs budget, which he accepted in evidence, could be trimmed to justify periodical payments below the shortfall. There was no finding of financial mismanagement or increased earning capacity. The order should have been for periodical payments...

Source-derived case information.

Citation
[2017] EWCA Civ 129
Parties
Applicant: M; Respondent: M
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal permission refused
Legal Topics
Variation of Periodical Payments, Clean Break, Needs Assessment, Earning Capacity, Financial Mismanagement
Family Law Variation of Periodical Payments Clean Break Needs Assessment Earning Capacity Financial Mismanagement

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Summary, issues, holding and outcome

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Parties

M

Applicant

M

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the periodical payments order should be varied to meet the wife's basic needs
  2. 2 Whether the judge erred in not increasing the quantum of periodical payments
  3. 3 Whether the husband's application to re-open permission to appeal should be allowed

Ratio Decidendi

The judge erred in principle by failing to explain how the wife's basic needs budget, which he accepted in evidence, could be trimmed to justify periodical payments below the shortfall. There was no finding of financial mismanagement or increased earning capacity. The order should have been for periodical payments of £1,441 per month until further order.

Court Disposition

Appeal allowed; cross-appeal permission refused

Orders

  • Order set aside
  • Substituted order for periodical payments of £1,441 per calendar month until further order