Increasing nominal order

North v North CA TLR 17 August

Following the parties’ divorce, a financial order was made in 1981 settling the wife’s claims to capital, providing for the transfer of ground rents to her so as to provide an annual income and containing a provision for a nominal order of periodical payments at the rate of 5p per annum for the term of the parties’ joint lives, or until the wife remarried or further order. Since the parties divorced, the wife had not attempted to obtain work. In 2000 she realised all her assets in England, including the ground rents, and moved to Australia. She placed her cash in various investments that were significantly diminished by various losses. The district judge found that the wife’s financial situation was entirely of her own making, through both her actions and inactions, and that the husband had no control over her lifestyle choices and he should not bear any responsibility for them. Had the wife remained in England, she would have lived comfortably for the remainder of her life. Nevertheless, the district judge found that a fair and appropriate amount of periodical payments would be £16,500 a year, which he capitalised as a lump sum of £202,000. The husband was a rich man for whom this further financial support would have minimal impact.