Jurisdiction(s):
United Kingdom

AH v BH [2024] EWFC 125: Needs prevail over pre-marital agreement; outright housing for primary carer (beyond Schedule 1), no sharing, Duxbury capitalisation (England and Wales)

Published on: 19 July 2024

Published by a LexisNexis Family expert

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Article summary

AH v BH [2024] EWFC 125 What are the practical implications of this case?

Peel J adjusted the PMA only to the extent needed to meet the wife’s and children’s needs. He also indicated, in broad terms, the markedly higher award the wife might have obtained had there been no PMA and a sharing claim had prevailed. The court examined differing methods of providing housing when balancing PMA terms against the requirements of the financially weaker party. In this case, the wife was not limited to provision akin to an order under Schedule 1 to the Children Act 1989 (ChA 1989). Peel J observed he was unaware of any relevant reported authority where a primary carer of children, lacking significant assets, had not been granted a lump sum for housing outright.

What was the background?

The wife, aged 40 and brought up in country A, suffered from sacroiliac joint dysfunction and anterior pelvic pain resulting from a difficult childbirth. She also experienced mental health difficulties and had been attending weekly psychotherapy since September 2022...

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