Financial Provision s25(2)(a)

Question 1

s25(2)(a)

Answer 1

The court will take into account:

Question 2

Pearce v Pearce

Answer 2

The word ‘resources’ in s25(2)(a) is entirely unqualified so the court should approach the matter realistically and take into account all of the available resources.
a

Question 3

Prest v Petrodel Resources Limited and Others

Answer 3

Supreme Court made it clear that a company has a separate legal personality and so the court will not ‘pierce the veil’.
a

Question 4

Atkinson v Atkinson

Answer 4

Periodical payments automatically come to an end when the recipient spouse remarries under s28.
In this case the court held that there is no statutory requirement to give weight to cohabitation.

Question 5

Young v Young

Answer 5

Husband was imprisoned for failing to give full disclosure of his assets
a

Question 6

AB v FC (Short Marriage: Needs: Stockpiling

Answer 6

Fairness to both parties remains the objective. Needs includes only the financial needs which have been generated by the marriage = becomes responsibility of the former spouse.
b

Question 7

FF v KF

Answer 7

Needs is subjective. Enjoyed a high standard of living during a short marriage and incurred psychological damage so the wife was awarded £4.25 million and the husband’s appeal was dismissed.
c

Question 8

Juffali v Juffali

Answer 8

Roberts J summarised the aspects to be taken into account when assessing the parties needs.
Welfare of the children, length of the marriage, length of time after marriage contributions made, standard of living during marriage, age of applicant and availability of resources.
B

Question 9

Sharp v Sharp

Answer 9

CoA decision.
Courts have more recently regarded seamless preceding cohabitation as akin to the duration of the marriage.
d

Question 10

CC (Financial Provision: Short Marriage)

Answer 10

Lifelong support was awarded despite the marriage only lasting 9 months. Couple had a child with health problems.
d

Question 11

Murphy v Murphy

Answer 11

Holman J ‘the having of children changes everything’

Question 12

Re G (Financial Provision: Liberty to Restore Application for Lump Sum)

Answer 12

Wife had ms and was awarded a lump sum, as one of her health needs was to avoid stress.
e

Question 13

White v White

Answer 13

Court said that when assessing the contributions each party has made to the family, there should be no bias in favour of the money earner and against the home-maker and child-carer.
f

Question 14

Miller; McFarlane

Answer 14

Lady Hale explained that conduct will be inequitable to disregard where one party is much more to blame than the other.
g