Wright v Wright [2014] EWFC B17 (26 June 2014)

Wright v Wright [2014] EWFC B17 (26 June 2014)

Mrs Wright has failed to take reasonable steps to utilise her earning capacity as expected since the original order. Mr Wright's financial position has deteriorated, and it is not fair or affordable for him to continue indefinite spousal maintenance. Maintenance should be reduced and time-limited to allow Mrs Wright to adjust and prepare for independence.

Citation
[2014] EWFC B17
Parties
Applicant: Mr Ian Malcolm Wright; Respondent: Mrs Tracey Susan Wright
Jurisdiction
England and Wales
Judgment Date
26 June 2014
Procedural Posture
Application for Variation of Periodical Payments Order / Final Hearing
Outcome
Spousal maintenance order varied and time-limited; maintenance to reduce and cease by December 2019.
Legal Topics
Variation of Maintenance Order, Spousal Maintenance, Child Maintenance, Earning Capacity, Retirement, Ancillary Relief
Family Law Variation of Maintenance Order Spousal Maintenance Child Maintenance Earning Capacity Retirement Ancillary Relief

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Parties

Mr Ian Malcolm Wright

Applicant

Mrs Tracey Susan Wright

Respondent

Procedural Posture

Application for Variation of Periodical Payments Order / Final Hearing

Legal Issues

  1. 1 Should the original joint lives spousal maintenance order be varied or discharged?
  2. 2 Has Mrs Wright failed to utilise her earning capacity?
  3. 3 Has Mr Wright's financial position changed sufficiently to warrant variation?

Ratio Decidendi

Mrs Wright has failed to take reasonable steps to utilise her earning capacity as expected since the original order. Mr Wright's financial position has deteriorated, and it is not fair or affordable for him to continue indefinite spousal maintenance. Maintenance should be reduced and time-limited to allow Mrs Wright to adjust and prepare for independence.

Court Disposition

Spousal maintenance order varied and time-limited; maintenance to reduce and cease by December 2019.

Orders

  • Spousal maintenance to reduce from £32,000 to £24,000 (Nov 2013-Nov 2014), £18,000 (Nov 2014-June 2016), £12,000 per annum (June 2016-Dec 2019), then cease.
  • Child maintenance and school fees to continue as previously ordered.