TF v FF

TF v FF

Permission to appeal is refused on the capital division as the district judge's findings were not challengeable and further argument would be disproportionate; permission is granted on the issue of periodical payments due to the wife's lack of earning capacity and ongoing care of minor children after a long marriage.

Source-derived case information.

Parties
Applicant: TF; Respondent: FF
Jurisdiction
England and Wales
Judgment Date
26 February 2013
Procedural Posture
Family Law Financial Remedy / Application for Permission to Appeal Financial Remedy Order
Outcome
Permission to appeal granted in part, otherwise dismissed
Legal Topics
Financial Remedies, Appeal Procedure, Costs in Family Proceedings, Periodical Payments, Capital Division
Family Law Financial Remedies Appeal Procedure Costs in Family Proceedings Periodical Payments Capital Division

Source-derived case record

Summary, issues, holding and outcome

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Parties

TF

Applicant

FF

Respondent

Procedural Posture

Family Law Financial Remedy / Application for Permission to Appeal Financial Remedy Order

Legal Issues

  1. 1 Whether the district judge erred in the division of capital assets
  2. 2 Whether the periodical payments order and time bar were appropriate
  3. 3 Whether the wife's conduct was properly considered

Ratio Decidendi

Permission to appeal is refused on the capital division as the district judge's findings were not challengeable and further argument would be disproportionate; permission is granted on the issue of periodical payments due to the wife's lack of earning capacity and ongoing care of minor children after a long marriage.

Court Disposition

Permission to appeal granted in part, otherwise dismissed

Orders

  • Permission to appeal granted in relation to periodical payments (paragraphs 5 and 6 of the order)
  • Permission to appeal on capital division refused