Tattersall v Tattersall

Tattersall v Tattersall

The judge was entitled to depart from equality in dividing the capital, given the respondent's needs for herself and the child, her responsibility for day-to-day care, and the applicant's higher earning capacity. The periodical payments order was justified based on the respondent's income shortfall and child care...

Source-derived case information.

Parties
Appellant: Mark Tattersall; Respondent: Amanda Tattersall
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Periodical Payments, Mesher Order, Child Care Costs, Earning Capacity
Family Law Ancillary Relief Division of Matrimonial Assets Periodical Payments Mesher Order Child Care Costs Earning Capacity

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Parties

Mark Tattersall

Appellant

Amanda Tattersall

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in dividing the capital unequally between the parties
  2. 2 Whether the periodical payments order was excessive in amount and duration
  3. 3 Whether the judge properly assessed the parties' needs and earning capacities

Ratio Decidendi

The judge was entitled to depart from equality in dividing the capital, given the respondent's needs for herself and the child, her responsibility for day-to-day care, and the applicant's higher earning capacity. The periodical payments order was justified based on the respondent's income shortfall and child care costs. The judge's findings on earning capacity and housing needs were within her discretion and supported by the evidence. No Mesher order was required as justice could be achieved without it.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The ancillary relief order made by HHJ Wright stands.