Family Law Journal [2019] 1259

Case update: O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam)

Waggott rules OK – Facts Decision on appeal – Commentary

An appeal before Francis J from a first instance financial remedy decision of His Honour Judge O’Dwyer which follows the approach required following Waggott v Waggott [2018] 2 FLR 406, that a spouse’s future income capacity or potential post-divorce is off limits to the sharing principle unless need or compensation require otherwise and provides a welcome working example of the extent of capital amortisation necessary in the exercise of assessing the weaker financial spouse’s income to meet needs.

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