NO guidelines detailing that income needs are determined by making a term order.

NO guidelines detailing that income needs are determined by making a term order.

  • On the 12 May 2017, Mostyn J dismissed a husband's (H) appeal against a clean break order in the sum of £4.25 million after a short marriage lasting less than two years.
  • He observed that there is no rule or guideline detailing that income needs are determined by making a term order.
  • H was ordered to pay the wife (W) £4.25 million on a clean break needs basis but H appealed this on the basis that the judge had gone beyond assessing W's needs when making his award.
  • Subsequently however, Mostyn J noted that in short marriage cases the discretion when assessing needs is particularly broad and fact-sensitive and while the award may have been generous, both the assessment of the immediate capital need, and of the amount and duration of W's income needs, fell within the legitimate bracket.