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Family Law

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29 JAN 2008


(Family Division; Sir Mark Potter P; 29 January 2008)

The language of the House of Lords in Miller/McFarlane was of general application and extended, where appropriate, to consideration by the court of the overall fairness of an order made upon an application to vary a joint lives periodical payments order. The wife's revised periodical payments award rightly included an element of compensation for relationship-generated disadvantage, given that the wife, who had not worked during the marriage, had by her efforts following separation clearly demonstrated that had she worked during the marriage her earning capacity, sacrificed during the marriage, would have been substantially greater on separation than it in fact was.

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