S v S

S v S

The District Judge was entitled to make a joint lives periodical payments order based on the evidence and fairness, given uncertainty about the husband's future income and the wife's earning capacity. The judge's error in bonus calculation did not invalidate the outcome, and the appeal failed to demonstrate the decision was plainly wrong or procedurally irregular.

Parties
Applicant: S; Respondent: S
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Periodical Payments, Clean Break, Earning Capacity, Housing Needs
Family Law Ancillary Relief Periodical Payments Clean Break Earning Capacity Housing Needs

Case Brief

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Parties

S

Applicant

S

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a joint lives periodical payments order or a term order is appropriate
  2. 2 Assessment of wife's earning capacity
  3. 3 Determination of reasonable housing needs

Ratio Decidendi

The District Judge was entitled to make a joint lives periodical payments order based on the evidence and fairness, given uncertainty about the husband's future income and the wife's earning capacity. The judge's error in bonus calculation did not invalidate the outcome, and the appeal failed to demonstrate the decision was plainly wrong or procedurally irregular.

Court Disposition

Appeal dismissed

Orders

  • Joint lives periodical payments order of £50,000 per annum to the wife
  • No adjustment to maintenance award despite bonus calculation error