Successful appeal against an automatic variation of maintenance provision.
Facts
- An order had been made that spousal maintenance was to increase automatically by half the value of the private school fees for the child of the parties when H ceased to pay the same.
Held
- The provision was held as invalid on the basis that it failed to take any account of the fact that the needs of either party could have changed by that stage. Needs and resources are equally important factors to be considered in determining periodical payments.
- Further, it ignored the clear findings the judge had made as to the level of W’s needs, which were met on the immediate award and would be exceeded were there to be any increase in the award.
- Four years was too far into the future to set an automatic variation of periodical payments, albeit that a review may be appropriate at that time.
