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Zahra Pabani
Zahra Pabani
Partner - Family Law
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FINANCIAL PROVISION: Milton v Milton [2008] EWCA Civ 926
Date:18 AUG 2008

(Court of Appeal; Thorpe and Wall LJJ; 17 July 2008)

The judge ordered the wife to pay the husband £60,000, but, taking judicial notice of the fact that mortgages were now more difficult to obtain, allowed her 36 months to raise the money, with no provision for interest.

Judicial notice of difficulties in the mortgage market was not a sufficient justification for holding the husband out of his entitlement for such a long period; the long delay was not within the generous ambit of the judge's discretion. The period for payment would be shortened to 12 months. If unforeseen circumstances arose the wife could apply to court for an extension.