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Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

08 MAR 2012


The case involved a young couple in their early thirties with one child who had been married for 5 years. The wife had interests in family trusts and over the years received income, capital, loans as well as gifts from her father which pre-dated the marriage. A shared residence order in respect of the child but majority of his time spent with the wife. The husband was a high earner, the wife was a barrister who gave up work to care for son and was now setting up her own legal advice business. The trust monies were treated as non-marital assets. There was insufficient evidence of the wife's likely future income. An estimation of the wife's future income used to generate periodical payments of £35,000pa to supplement income which would cover wife's needs plus child payments of £18,000pa. The wife's trust income was not connected with the marriage, husband able to afford payments and needs a direct result of child of the marriage. Possibility that in the future the level of payment should be reassessed depending on the wife's true income. Matrimonial property divided 50:50 taking into account sums each party contributed to purchase of property. The wife's award should not be increased to fund new property and refurbishments, no evidence that unable to borrow the additional sum.

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