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13 September 2007
Issue: 7288 / Categories: Features , Divorce , Family
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Divorce Law Update

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VARIATION OF MAINTENANCE APPLICATIONS >>
CHANGES IN CAPITAL AND INCOME >>
COMPENSATION AND SHARING >>
CONSIDERATION OF NEEDS >>

Lauder v Lauder [2007] EWHC 1227 (Fam)

This case, heard by Mrs Justice Baron, was an appeal by Mrs Lauder against the decision of a district judge in April 2006 to award her a capital sum of £500,000 in final satisfaction of her application for an upwards variation and capitalisation of maintenance. On appeal, she sought a sum of £1.5m.

Mr and Mrs Lauder married in August 1961 and divorced in November 1985 having had three children. Mrs Lauder’s claims for income and capital were determined by consent in June 1988. She applied for an upwards variation of maintenance in December 2004.

The district judge’s order in April 2006 increased the level of spousal maintenance from £8,000 per annum during joint lives to £40,000 per annum, based upon a generous assessment of the wife’s needs. The maintenance was capitalised in accordance with annuity rate tables, arriving at the sum of £500,000.

Taking account of child maintenance,

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