The case of Mills v Mills will be heard in the Supreme Court on 6th June 2018. In August 2017 Mr Mills was granted permission to appeal the decision of the Court of Appeal to increase his ex-wife’s spousal maintenance payments, fifteen years after they were divorced.
Following their divorce in 2002, the parties’ financial claims were settled by a consent order which, amongst other things, provided the wife with a capital sum and required the husband to pay spousal periodical payments for the wife of £1,100 pcm for joint lives.
In 2014, the husband applied to discharge the periodical payments order or, in the alternative, reduce the payments due thereunder. His case was that the circumstances pertaining in 2002 had changed in that the wife (i) had lost the capital she had been awarded in 2002 through gross financial mismanagement and (ii) was now in a position to work (or work more) in order to increase her earnings. The wife made a cross-application for an increase in her periodical payments on the basis that she was unable to meet her basic needs. The judge held that the order should continue at the current rate without any variation. The Court of Appeal allowed the wife’s appeal and increased the maintenance payable by £341 pcm to £1,441pcm.
Joanne Wescott, a partner in the family department at Osbornes is representing Ms Mills.
Please direct all media enquiries to Chris Aubeeluck on 020 7482 8425