|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 209 (Mar)|
|Court:||Court of Appeal, Civil Division|
Thorpe, Etherton and Lewison LJJ
|Representation||Robert Peel QC and Nicholas Chapman (instructed by Ellis Jones, Bournemouth) for the husband.|
|Jonathan Swift (instructed by Williams Thompson Solicitors LLP, Bournemouth) for the wife.|
|Judgment Dates:||28 March 2012|
Divorce - Financial provision - Parties agreeing to lump sum designed to discharge mortgage on matrimonial home - Wife re-mortgaging matrimonial home and using funds to purchase a non-income producing bond - Judge ruling that wife entitled to re-capitalisation of financial provisions that include an element for the repayment of mortgage - Whether judge erring in including element of mortgage repayments in capitalisation.