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Sarah Miller

Posted 19 July 2018
by Sarah Miller

Capitalised Maintenance for Victim of Domestic Abuse

Domestic violence

Caroline Ryan acted for a wife who was the victim of ongoing domestic abuse and controlling behaviour by her husband. The husband’s abuse included financial control and, even when ordered to pay interim spousal maintenance he refused to do so forcing the wife to seek financial support from her pensioner parents.

This case involved applications in relation to the children of the family, non-molestation injunctions as well as applications in respect of finances. The parties remained living in the former matrimonial home throughout the duration of the proceedings and lived in separate parts of the home, between which the children would move to spend time with each parent.

The Husband was a successful business owner and the parties owned domestic and foreign property. The wife, on the other hand, had devoted her adult life to raising the three children of the family and had very limited earning potential.

The wife was advised to pursue both sufficient capital to enable the purchase of a suitable mortgage-free home for herself and the children, as well as spousal maintenance. At a Final Hearing the Judge, after hearing evidence from both parties, was confident that the husband would continue to flout any maintenance order made and therefore chose to capitalise the Wife’s spousal maintenance and ordered a separate lump sum to be paid by the husband, in addition to all of the equity from the family home and a share of the foreign property.

If you have any queries regarding a matter similar to this, then please do not hesitate to get in touch with our experienced team of family law solicitors in Devon on 01392 207020.

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About the author

Sarah Miller

Sarah Miller

Associate member of CILEx

Associate member of CILEx within the family team.