Source: All England Reporter
Publisher Citation: [2010] All ER (D) 262 (Oct)
Neutral Citation: [2010] EWCA Civ 1171
Court: Court of Appeal, Civil Division
Judge:

Ward, Hughes and Patten LJJ
Representation David Balcombe QC and Nicholas Westley (instructed by Farrer & Co) for the wife.
  Tim Amos QC and Oliver Wise (instructed by Bircham Dyson Bell LLP) for the husband.
Judgment Dates: 27 October 2010

Catchwords

Divorce - Financial provision - Lump sum order - Inherited property - Parties being married and living off husband's inherited assets - Parties divorcing - Wife seeking maintenance - Lump sum being ordered in respect of property purchase and income - Husband ordered to sell inherited property - Husband appealing - Whether award excessive in respect of housing needs - Whether judge erring in assessing income needs by reference to standard of living prior to divorce - Whether judge erring in ordering clean break.

The Case

Divorce Financial provision. The Court of Appeal, Civil Division, allowed the husband's appeal, finding that the award made for the housing needs of the wife had been excessive in light of the evidence presented and that the judge had erred in calculating the wife's maintenance provision to maintain her standard of living when he had criticised that standard for being excessive in relation to the parties' means.

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