Financial Remedies Journal: ND v LD (Financial Remedy: Needs) [2022] EWFC B15

ND v LD (Financial Remedy: Needs) [2022] EWFC B1510 March 2022

Published: 15/03/2022 09:00

Polly Morgan | Case EditorPolly is the sole author of the textbook Morgan's Family Law (Oxford University Press 2021) and contributes the chapter on financial remedies to Lamont's Family Law (2nd edn Oxford University Press 2022). An associate professor at UEA Law School, Polly is also Director of the multi award-winning UEA Law Clinic. A solicitor and law firm co-founder, she now practises exclusively in the free family law advice clinic of Norfolk Community Law Service. She is a Transparency Project committee member, former Chair of collaborative pod Good Divorce Group Norfolk, and a former committee member of the Norfolk & Norwich Law Society and Norfolk Resolution.

https://www.bailii.org/ew/cases/EWFC/OJ/2022/B15.html

DDJ Arshad.

Rare reported DDJ decision in modest asset case. Discusses special measures (including some rather unusual) taken before and during hearing in light of H’s mental health and (notwithstanding his capacity) suicidal ideation. Both parties’ housing needs met in rented accommodation, but H’s earning capacity and income needs were at issue, including effect of any pp award on his benefits. Clean break as W’s income only just met her needs and maintenance to H would reduce his benefits. Equal split of W’s larger pension pot with no discount for post-separation accrual or H’s own modest pension, in light of W’s ability to make further payments in. Pension expert report not obtained as not proportionate to value.