AM v SS

Family proceedings – Orders in family proceedings. In divorce proceedings, the wife made an application for financial provision. One issue was whether the court could conclude that the husband's father, who was very wealthy, would come to the aid of his son and, if so, whether the present case was a 'backfill case' or one where, exceptionally, the court could order 'new money' to be provided from the husband's father. The Family Division held that, on the evidence, the husband's father would help out, but only to the minimum necessary to relieve his son from visible financial hardship. To that limited extent, the husband's father's wealth and generosity could be said to amount to a resource which the court needed to consider. The court proceeded to make various orders.

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