Pre-Breakdown S 25(2)(c) MCA

Question 1

What will standard of living be assessed in line with

Answer 1

with actual income rather than expenidture - A v A Millions in the bank, but husband insisted they live a modest life. At point of divorce, he argued there was enough for a lump sum clean break, and that the wife shouldn’t get very much due to their modest lifestyle. Award on basis of the standard of living you could have had based on money available.

Question 2

Which cases confirmed that an average standard of living will be taken

Answer 2

S v S confirmed in Wells v Wells (Family business which sometimes generated lots of money and sometimes little- court said to find an aggregate (average it out))

Question 3

K v K

Answer 3

PWC and child have a reasonable expectation of a standard of living comparable to the other parent

Question 4

Jufalli v Jufalli

Answer 4

Extremely wealthy husband married for 12 years. They had a very opulent lifestyle. Court held that there is an expectation standard of living after divorce is comparable to that before divorce, in that there shouldn’t be a huge drop. However you cannot expect to have the same standard of living on an ongoing basis as there will be some reduction. Wife was given maintenance payments of £2.5 million a year for 10 years, thereafter reduced by 33%, thereafter reduced by 25%. Gradual reduction.

Question 5

AB v FC

Answer 5

Slight gloss on K v K: footballer married a beautician. Short marriage but there was a child. The court said the wife needed periodical payments in order to fund housing for herself and the child, but that there was no expectation after a short marriage of living at the same standard as during the marriage indefinitely. Cannot live the footballer lifestyle for the rest of her life.