Mills v Mills

On an application to vary periodical payments, the court is not obliged to increase them to meet needs that arose because the recipient had mismanaged a capital award meant to meet her housing needs.

Citation
[2018] UKSC 38, [2018] 3 WLR 1170
Court
Supreme Court
Year
2018
Subject
Family Law
Topic
Financial remedies on divorce

Facts

On their divorce, Mrs Mills received a capital sum which was intended to allow her to buy a home without a mortgage, and Mr Mills agreed to pay her periodical payments. She bought a series of more expensive properties with mortgages, and lost most of her capital, so that she was living in rented accommodation. When Mr Mills applied to reduce the periodical payments, she asked for them to be increased to cover her rent. The Court of Appeal increased the payments.

Legal principle

The Supreme Court allowed Mr Mills's appeal. Lord Wilson said that the judge had been entitled to decline to require Mr Mills to pay the rent, because he would be paying for Mrs Mills's housing needs for a second time. The court should consider all the circumstances, including the fact that the recipient had already received capital to meet her housing needs, and had dissipated it through her own decisions. It was not unfair to expect her to meet the rent from her own resources. The judge's order, which had not increased the payments to cover the full rent, was restored.

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