The Supreme Court has ruled that a divorced Husband should not have to increase payments to his ex-wife after she mis managed her finances following their split.

The Court  has allowed the appeal of the Husband in Mills v Mills concluding that the Judge in the first instance had been entitled to decline to vary an Order for Periodical Payments so as to require the Husband to assist the Wife financially.

Upon Appeal the Court of Appeal then backed the wife’s request to increase Periodical Payments.

Lord Wilson, giving the lead judgement in the Supreme Court, said the Court of Appeal had erred in saying the Judge at first instance had given no reason for declining to increase the periodical payments Order.  The Judge’s order to retain existing period payments was restored.

The decision not to increase Mr. Mills’ maintenance payments follows recent judicial thinking that divorce should not constitute a meal ticket for life.

The Courts are looking at both parties to be more financial prudent and be able to stand on their own 2 feet in the long run.  This may mean utilising an earning capacity or it may mean making sensible financial decisions.

Dealing with Finances

At Ringrose Law we understand the complexities of dealing with finances and divorce and we have a specialist team who can guide you through it. For further help or advice please contact a member of our experienced finances team today.

If you are paying periodical payments to your ex-partner and wish to consider this matter further , please contact any of our specialists at our offices in Boston, Lincoln, Spalding, Sleaford, Newark and Grantham.

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