N v N

N v N

The DJ did not err in law or fail to take relevant factors into account; the decision to vary and capitalise the nominal periodical payments order was within the range of permissible discretionary decisions under the MCA 1973.

Parties
Applicant: N; Respondent: N
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Variation of Periodical Payments, Clean Break, Appeal, Discretionary Judgment, Capitalisation of Maintenance
Family Law Variation of Periodical Payments Clean Break Appeal Discretionary Judgment Capitalisation of Maintenance

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Parties

N

Applicant

N

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the court erred in varying a nominal periodical payments order and capitalising it
  2. 2 Whether the wife was entitled to an uplift of the nominal order
  3. 3 Whether delay or lack of self-help by the wife precluded variation

Ratio Decidendi

The DJ did not err in law or fail to take relevant factors into account; the decision to vary and capitalise the nominal periodical payments order was within the range of permissible discretionary decisions under the MCA 1973.

Court Disposition

Appeal dismissed

Orders

  • Variation of periodical payments order to £16,500 per annum and capitalisation to £202,000 upheld
  • Clean break achieved