Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

FINANCIAL REMEDIES: Wragg v Wragg

Sep 29, 2018, 21:29 PM
Slug : WraggvWragg25012012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 15, 2012, 10:35 AM
Article ID : 98079

(Maidstone County Court; HHJ Caddick; 25 January 2012)

The wife appealed against the division of assets on the basis that the DJ had failed to give proper weight to the ‘drag' effect on her of caring for the husband's severely disabled middle aged sister during the relationship, and after the parties separation. Also the contribution that the wife will continue to give to the family by continuing to care for her. The sister had lived with the couple when they were together for 11 years before separation, and had lived and been cared for by the wife since separation 3 years earlier. Despite being separated and divorced, the wife wanted to look after the husband's sister into the future (a moral obligation only on the wife, not a legal obligation).

The appeal was allowed, the DJ erred in law by discounting this obligation from the s25 balancing exercise. The court held that the situation before the court of the husband's sister was in the same category as the example of caring for an elderly parent, as illustrated in Judge v Judge [2009] 1 FLR 128, and in the same category as a disabled child. It was rare for a moral obligation to trump a legal obligation. The sister was part of the wider family, but was still part of the ‘family' s25 (2), as per agreement reached during the marriage.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from