The former director of a software company has won his appeal against a suspended prison sentence after failing to pay his ex-wife court-ordered maintenance. The couple were married for 25 years and separated in 2013. <\/p>\n
The husband was successful and they lived a prosperous lifestyle however they also spent extravagantly. By the time the case came before the court significant debts were accumulating and the parties\u2019 assets were no longer sufficient to meet both parties\u2019 needs.<\/p>\n
The wife was a former stay-at-home mother who gave up her career years before and had little earning capacity. As a result, and as priority was given to housing the couple\u2019s children, the wife was awarded most of the remaining funds (\u00a3500,000) whereas the husband received \u00a366,000. <\/p>\n
The husband was also ordered to pay the wife \u00a32,000 per month in maintenance and received a six week suspended prison sentence after failing to do so. At the husband\u2019s appeal of this prison sentence his barrister stated that the husband had not deliberately neglected to pay maintenance, his company had gone into administration, he was evicted from his flat, relying on the charity of his new partner and that he was \u2018homeless, insolvent and unable to meet his obligations\u2019. The husband\u2019s barrister then went on to argue that threatening the husband with a prison sentence over the unpaid maintenance was a \u2018curious survivor\u2019 of the Victorian era of debtors\u2019 prisons which violated his human rights and is \u2018not in keeping with the modern view that husbands and wives approach this court on an equal footing\u2019. <\/p>\n
Following these arguments the wife\u2019s barrister announced that they would accept the dismissal of the prison sentence however the wife was still opposed to the proposed clean break on the basis that there is a \u2018complete absence of clarity\u2019 about the husband\u2019s income, due to \u2018contradictory statements and complete lack of disclosure\u2019. <\/p>\n
The Judges have reserved judgment and will give the ruling at a later date. Without a clean break, the wife could again seek to enforce the debt, putting him at risk of a prison sentence once more. <\/p>\n","protected":false},"excerpt":{"rendered":"
The former director of a software company has won his appeal against a suspended prison sentence after failing to pay his ex-wife court-ordered maintenance. The couple were married for 25 years and separated in 2013. The husband was successful and they lived a prosperous lifestyle however they also spent extravagantly. By the time the case… Read More »Former director of software company appeals against a suspended prison sentence after failing to pay court-ordered maintenance<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[26,55,83,170,86,10,175],"tags":[104,3,12,13,49,169,42,11,9,19,181,102,103],"class_list":["post-477","post","type-post","status-publish","format-standard","hentry","category-child-benefits","category-child-law","category-divorce","category-divorce-law","category-divorce-settlements","category-family-law","category-lund-bennett","tag-court-order-maintenance","tag-divorce-law","tag-divorce-laws","tag-divorce-lawyer","tag-divorce-solicitors","tag-family-law","tag-family-law-lawyers-altrincham","tag-family-solicitor","tag-lund-bennett","tag-lund-bennett-law","tag-matrimonial-property-rules","tag-prison","tag-suspended-sentence"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/477","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/comments?post=477"}],"version-history":[{"count":1,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/477\/revisions"}],"predecessor-version":[{"id":478,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/posts\/477\/revisions\/478"}],"wp:attachment":[{"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/media?parent=477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/categories?post=477"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lundbennett.co.uk\/blog\/wp-json\/wp\/v2\/tags?post=477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}