Divorced mothers are told by Judges they must find work

The recent case in the Court of Appeal of Tracey Wright, the ex-wife of Newmarket race horse surgeon Ian Wright, is the latest in a line of authorities where Judges have made it clear that if a husband is ordered to pay money from income to a wife for her personal support, it must not be meal ticket for life.

Mr and Mrs Wright separated in 2006 when their 1.3 million home was sold and the proceeds divided. Mrs Wright was awarded a £450,000 mortgage-free home for herself and her two daughters, stables for their horses, £75,000 per annum to pay for school fees (the eldest was at boarding school) and other personal costs paid by her ex-husband, Mr Wright.

Mr Wright, aged 59, made an application to the Court in 2014 to have the £75,000 per annum reduced. He was worried that this level of maintenance payable from income would be unaffordable when he retired at 65.

Mrs Wright, aged 51, seems not to have impressed the Court. Although a qualified riding instructor, the Judge said of her: "Mrs Wright has made no effort whatsoever to seek work or to update her skills. I am satisfied that she has worked on the basis that she would be supported for life". She argued that having to care for a 10 year old child (the youngest) prevented her from developing any earning capacity in the next 5 years. Judge Lynne Roberts who made the decision to reduce maintenance in 2014 said that there was no good reason for Mrs Wright not to seek work following separation.

When hearing the appeal, Lord Justice Pitchford said it was imperative that Mrs Wright financially support herself: here is a general expectation that, once children are in Year Two, others can begin part-time work and make a financial contribution He further indicated that the original order was never intended to provide Mrs Wright with an income for life and so he dismissed her appeal against the reduction in maintenance.

The Court has an obligation set out in the main divorce legislation, the Matrimonial Causes Act 1973, to bring a couples' financial claims against each other to an end at the earliest possible opportunity that is to effect a clean break. This doesn't apply to child maintenance which will be payable throughout a child dependency, but to a wife, typically by a husband, for her own personal support and needs.

Issues relating to maintenance such as how much is to be paid and for how long are difficult to assess without detailed knowledge of this complex area of law and experience of such cases mitigated through a Court. There is no standard formula to apply, but a checklist of factors to consider set out in s25 Matrimonial Causes Act 1973.

Emsleys Solicitor and Head of Family Law, Gabbie Clasper, is nationally accredited byesolution as an expert in financial cases arising from divorce. For a free, initial consultation, all 0113 201 4902 or email family.law@emsleys.co.uk