High Court grants permission to appeal a financial settlement

Divorce|Family Law|News|April 8th 2013

Royal Courts of JusticeIn a recently published judgement, a wife was granted permission to appeal the divorce settlement ordered by a district judge.

She had been granted the majority of the financial capital owned by the former couple, as well as orders for periodical (regular maintenance) payments and child maintenance.

However she was not satisfied and sought permission to apply for more money and a change in the terms of  her periodical payments.

Sitting in the Family Division, Mr Justice Peter Jackson said the wife should be given permission to appeal the payments as she was looking after three children under the age of 18 and had no career and earning potential. However, he added, she had no realistic chance of success in appealing the capital (financial) award.

The judge also imposed a condition on his permission to appeal. This stated that the legal costs recoverable by either side should not exceed £5,000 – a condition made after he noted that the couple had already run up costs exceeding £150,000.

Photo by Ben Sutherland via Flickr under a Creative Commons licence

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