North v North [2007] EWCA Civ 760, [2007] All ER (D) 386 (Jul)
Once within the territory of discretion, the court’s overarching objective is a fair result. The order must be fair both to the applicant in need and to the
respondent who must pay.
In any application under the Matrimonial Causes Act 1973, s 31(variation and discharge of orders for financial relief), the applicant’s needs are likely to be the dominant factor. But it does not follow that the respondent is inevitably responsible financially for any established needs.
He is not an insurer against all hazards nor, when fairness is the measure, is he necessarily liable for needs created by the applicant’s financial mismanagement, extravagance or irresponsibility (per Lord Justice Thorpe at para 32).
