WHAT WE ACHIEVED
“Mr Silvester successfully argued for all of the Plaintiff’s summonses, hence costs were also awarded to the Plaintiff. The further appeal by the Defendant was deemed to be withdrawn.”
[Family Law – divorce, assessment of maintenance, division of matrimonial assets]
The Plaintiff was the Wife and the Defendant was the Husband of the marriage. The Defendant Husband was appealing against various aspects of the ancillary orders given for their divorce, and was hoping to get a variation for the said ancillary orders.
The Defendant Husband was appealing against various aspects of the previous ancillary orders, this includes the quantum of maintenance to be given, the issue of the Husband’s insurance policies as well as the limit of his responsibility for the payment of the Wife and Child’s medical, dental and optical expenses. He attempted to argue that since he was now earning less after resigning from his previous job, he should only have to pay less than previously.
Mr Silvester managed to persuade the Court to take the position that the Defendant’s financial position was self-induced as he voluntarily resigned from his prior job. It was also found that the Defendant lacked credibility with regards to his financial situation. However, the Court viewed that some aspects of the ancillary orders were previously abused by the Plaintiff, and hence made adjustments to reflect this change of position.