For Better Or For Worse - 13 Apr 2010

Consideration of issues pre marriage and post divorce

Two relationships have recently hit the headlines, the outcome of one is possible cause for concern for divorced husbands and their responsibility to their former wives, the second may ultimately provide some clarity for partners thinking of marrying. At the beginning of April the press were keen to report the decision of the Court in the case of Vaughan. The case involved a successful, but retired Queens Counsel and an application on appeal by his former wife in relation to her ongoing entitlement to maintenance. They had divorced in the early 1980s. Mrs Vaughan had the benefit of a Maintenance Order which required Mr Vaughan to pay maintenance to her for the rest of her life. She never remarried. Mr Vaughan, however, had remarried in 1985, and at the time of Mrs Vaughan's appeal had recently retired. Upon his retirement Mr Vaughan sought to bring to an end his ongoing responsibility to provide an income to his former wife, but Mrs Vaughan appealed successfully securing confirmation from the Court that the husband's obligation should continue. However, the Court in this particular instance chose to capitalise the amount of money due to paid by Mr Vaughan, thereby providing Mrs Vaughan with a lump sum and a clean break from her husband. The press have presented this case as a question of priority between a first and second wife, particularly in relation to pension provision and the case has been reported as though it provides a new opportunity for divorced wives to make claims against the former husbands. This is not the case as the Court have only upheld the right of the first wife who had the benefit of a joint lives maintenance order to make a claim for ongoing maintenance to be capitalised. In doing so they have exercised their broad discretion and the case simply upholds the...