Needs s 25(2)(b) Flashcards
What does S 25(2)(b) consider
the financial needs, obligations and responsibilities of the parties
Who gets housing priority
S 25(1) the court will give housing priority to the PWC
Will the court take into account the provisions of a second family?
Yes, Barnes v Barnes: keep income to support his second family. So he could not pay an order if it would take him and his new family below subsistence.
What happens to any maintenance if re-marry
will end S 38(3)
What is the effect of cohabitation
It may allow the other party leave to appeal if subsequent events invalidate the fundamental assumption on which the order was made
William v Lindley
Wife was living with a third party, but claimed she was living with him as an employee. Clean break settlement given in her favour, including money to enable her to have her own accommodation. Soon became clear she was actually living with him on a personal basis and she didn’t need money for housing as she already had somewhere to live. Court ordered a re-trial.
The effect of cohabitation Wetz v Wetz
lump sum given to wife, then shortly after moved in with another man. Husband then tried to reopen the court order. The fact she moved in with him was not an exceptional circumstance.
The effect of cohabitation Atkinson v Atkinson
where a wife receiving maintenance moves in with someone else but does not marry them has no automatic consequences.
The effect of cohabitation: Macey v Macey
resources of a new partner may be relevant as reduce the needs of the party so this should be reflected.
Case which states there is a legitimate need to have accommodation with room for overnight contact with children
M v B- however, there is not entitlement at law so may not be possible in cases of limited resources
What other things may be considered
the need for an income/ child care provisions
Suter v Suter
Ex-wife had moved in with her new partner. The mortgage on the house was being paid by the ex-husband. New partner wasn’t contributing. Main concern was the kids, who live with the mother, but the new partner should be able to make a contribution. The stability of the children should not jeopardise all other factors.
