AB v CD - Judgment

¶ 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 1 of 50 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 FAMILY DIVISION 2 CAUSE NO: FAM 287 OF 2018 3 4 BETWEEN: AB 5 6 PETITIONER 7 AND 8 9 CD 10 11 RESPONDENT 12 13 Appearances: Mr. David Holland for the Petitioner 14 Mrs. Yvonne Mullen for the Respondent 15 16 17 Before: The Hon. Justice Cheryll Richards K.C. 18 19 Heard: 28th April 2022 and 6th May 2022 20 21 Submissions: 22nd and 24th May 2022 22 23 Draft Judgment: 3rd January 2023 24 25 26 27 HEADNOTE 28 Family Law – Section 19 and 23 of the Matrimonial Causes Act (2005 Revision), Applicable 29 Principles on Variation of Ancillary Order; Protection Order – Section 5 of the 30 Protection from Domestic Violence Act 2010. 31 32 FAM0287/2018 Page 1 of 50 2023-01-24 FAM0287/2018 Page 1 of 50 2023-01-24 FAM0287/2018 Page 1 of 50 2023-01-24 FAM0287/2018 Page 1 of 50 2023-01-24 Digitally signed by Advance Performance Exponents Inc Date: 2023.02.28 16:01:16 -05:00 Reason: Apex Certified Location: Apex 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 2 of 50 JUDGMENT 1 2

¶ [1] There are three summonses before the Court. By Summons dated 30th August 2021, the 3 Respondent (“the wife”) seeks an order for the payment of arrears of maintenance. The 4 arrears claimed are US $16,000.00 ($3,200.00 per month for five months) and are said 5 to be due and owing pursuant to the Final Ancillary Consent Order dated 20th August 6 2019, (“the FACO”). By Summons dated 2nd September 2021, the Petitioner (“the 7 husband”) seeks an order for the variation of paragraphs 2, 3, 4 and 13 of the FACO 8 which provide for ongoing child maintenance and spousal maintenance to August 2022. 9 This is sought on a backdated basis to the date when the wife commenced employment 10 in June 2021. By Summons dated 28th April 2022, the husband also seeks the 11 restoration of a Protection Order made on the 5th May 2021 under s.5 of the Protection 12 from Domestic Violence Act 2010. In the course of this judgment, I shall refer to the 13 parties as wife and husband although their marriage was dissolved in 2019. 14 15

¶ [2] The parties were married in July 2006. After twelve years of marriage, they separated 16 in November 2018. The husband is now 42 years of age, and the wife is 41 years of 17 age. There are two children of the marriage, E.F. born November 2012, 10 years old 18 and G.H. born June 2015, 7 years old. At the time of the marriage and through to 19 shortly before the birth of their first child, both parties were employed. Thereafter the 20 wife stayed home for about ten years to prepare for the birth and to look after the 21 children. She was self-employed for part of this time and at some point, established a 22 company and started a consultancy business which operated out of the former 23 matrimonial home, (“the FMH”). 24 25

¶ [3] Both parties are from wealthy family backgrounds. They obtained educational degrees 26 at the university level and have professional qualifications. The husbands’ grandfather 27 established a trust for his descendants (“the Trust”). The husband and the two children 28 are beneficiaries. It is an issue between the parties whether the husband has disclosed 29 FAM0287/2018 Page 2 of 50 2023-01-24 FAM0287/2018 Page 2 of 50 2023-01-24 FAM0287/2018 Page 2 of 50 2023-01-24 FAM0287/2018 Page 2 of 50 2023-01-24 FAM0287/2018 Page 2 of 50 2023-01-24 FAM0287/2018 Page 2 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 3 of 50 1 all that is received by him by virtue of this family trust. A second issue is whether there 2 is a trust established by the wife’s family from which she benefits or will benefit in the 3 future. The wife’s family denies establishing such a trust. The husband contends that 4 the wife has and continues to have access to undisclosed funds and that in light of her 5 income, she does not require financial assistance by way of maintenance payments. 6 The wife contends that she is solely dependent on income from her employment when 7 she is employed and on maintenance payments, and that any variation of maintenance 8 orders should be proportionate to their income levels. 9 THE FINAL ANCILLARY CONSENT ORDER 10

¶ [4] The FACO contained a number of recitals. These include a recognition of shared 11 responsibility for the two children of the marriage and the acknowledgement and 12 confirmation that the wife would follow the recommendations of a Court ordered social 13 welfare report. The parties also agreed to the continuation of an earlier protection order 14 in favour of the husband which had been made on the 14th June 2019. The agreement 15 was that this would continue for a period of twelve months after the date of the filing 16 of the FACO. Both parties acknowledged and agreed that they each had no claims 17 against the trusts or trust funds established by the other’s family. 18 19

¶ [5] At the time of the making of the FACO the wife was unemployed. As to the future 20 employment of the wife, two of the recitals are as follows:- 21 22 “ AND UPON it being acknowledged that the Respondent is a qualified [ 23 professional] who is actively seeking employment at the time of the filing of 24 this order and who is planning to re-launch her own [professional 25 business]; 26 AND UPON the Respondent undertaking to advise the Petitioner of any 27 changes in her employment circumstances and the terms contained at 28 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 FAM0287/2018 Page 3 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 4 of 50 1 paragraphs 2, 3, 4, 13 and 14 of the Order shall be varied proportionally 2 in the event of any such changes.” 3 4

¶ [6] Paragraph 1 of the FACO provided for a shared residence order in respect of the 5 children and the terms by which residence is shared. The children reside with each 6 parent on an alternating weekly basis. Each party is to maintain the children and meet 7 their general expenses when the children are in their care. 8 9

¶ [7] By the FACO, the matrimonial property was divided such that the wife received the 10 FMH in her sole name. At the time this was valued at CI $716,000.00. Her receipt was 11 free and clear of the existing mortgage of CI $220,000.00, which was to be extinguished 12 by the husband. The husband received a piece of raw land valued at CI $845,000.00. 13 The husband therefore received about $90,000.00 less in terms of shared real property. 14 Following transfer of the FMH the wife has sole responsibility for meeting the 15 liabilities of the property. Each party retained their respective pension entitlements. 16 17

¶ [8] Paragraph 2 of the FACO provided that the husband is to pay US$3,600.00 per month 18 ($1,800.00 per child) in respect of child maintenance. By paragraph 3 the husband is 19 responsible for the costs of the children’s school tuition and fees and the costs of any 20 pre-agreed extracurricular activities and holiday camps. By paragraph 4 the husband 21 shall ensure that the children continue to have health insurance and is to cover any 22 uninsured costs while they are in his care and costs which are in excess of US $350.00 23 while they are in the care of the wife. 24 25

¶ [9] By paragraph 10 of the FACO, the husband was solely responsible for paying off their 26 credit card debt. Paragraph 13 provided that the husband is to pay spousal maintenance 27 of US$3,200.00 per month for up to three years from the date of the Order through to 28 August 2022. 29 30 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 FAM0287/2018 Page 4 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 5 of 50 1

¶ [10] Paragraph 6 provided that in the event of future disagreements in relation to general 2 issues set out in the Order, the parties agree to attempt to mediate before making any 3 applications to the Court. 4 THE STATUTORY PROVISIONS 5

¶ [11] Section 23 of the Matrimonial Cause Act (2005 Revision), sets out the Court’s power to vary 6 the terms of an ancillary order as follows: 7 8 “Either spouse or the personal representatives of either spouse may make 9 application for variation of any order made under section 21 and, the Court, after 10 hearing the parties, may make such variation.” 11 12 13

¶ [12] Section 19 of the said Act provides that: 14 15 “In dealing with all ancillary matters arising under this Law, the Court shall have 16 regard first of all to the best interests of any children of a marriage and thereafter 17 to the responsibilities, needs, financial and other resources, actual and potential 18 earning power and the deserts of the parties.” 19 20 THE APPLICABLE PRINCIPLES 21

¶ [13] In the case of VB v. JP1, the English High Court identified a number of propositions with 22 respect to variation of maintenance arising from the leading case of Miller v. Miller; 23 McFarlane v. McFarlane,2. The third proposition identified is in part that following the end 24 of a partnership where the funds are insufficient for compensation to be achieved by way of 25 division of assets and an award of periodic payments is made, then as an element of fairness 26 the matter of compensation in respect of relationship-generated disadvantage requires 27 consideration. To this end, a generous assessment of the wife’s needs is required which is not 28 restricted to purely budgetary considerations. 29 30 31 1 [2008] EWHC 112 2 [2006] 2 A.C. 618 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 FAM0287/2018 Page 5 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 6 of 50 1

¶ [14] The Court stated: 2 “Fourth, in cases other than big money cases, where a continuing award of 3 periodic payments is necessary, the wife has plainly sacrificed her own 4 earning capacity, compensation will rarely be amenable to consideration 5 as a separate element in the sense of a premium susceptible of calculation 6 with any precision. Where it is necessary to provide ongoing periodical 7 payments for the wife after the division of capital assets insufficient to cover 8 her future maintenance needs, any element of compensation is best dealt 9 with by a generous assessment of her continuing needs unrestricted by 10 purely budgetary considerations, in the light of the contribution of the wife 11 to the marriage and the broad effect of the sacrifice of her own earning 12 capacity upon her ability to provide for her own needs following the end of 13 the matrimonial partnership. These considerations are of course inherent 14 in s.25(a)(b)(d)(f) of the 1973 Act.”3 15 16

¶ [15] In the case of VB v. JP, the Court considered the application of a wife under s.31 (7) of the 17 (United Kingdom) Matrimonial Causes Act 1973. This was for an increase in the amount of 18 periodical payments payable under an earlier consent order. Six years had passed. The 19 application was made on the basis that the sums which were being paid in respect of spousal 20 and child maintenance were inadequate based upon her needs and upon the principle of 21 compensation as detailed by the House of Lords in the case of Miller v. Miller, McFarlane v. 22 McFarlane4. The applicant claimed an entitlement to a premium over budget, over and above 23 need, for loss of her earning capacity (relationship generated disadvantage). 24 25

¶ [16] The Court reviewed whether consideration of the issue of compensation is limited to the 26 approach on the original application or also falls to be considered on an application for 27 variation. The argument that this is excluded on the latter application was rejected. The Court 28 stated: 29 “I do not accept those submissions. Whether or not they were made to 30 Baron J in Lauder, it was plain to her, as it is plain to me, that the language 31 of the House of Lords is of general application and extends where 32 3 Ibid, paragraph 59 4 [2006] UKHL 24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 FAM0287/2018 Page 6 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 7 of 50 1 appropriate to consideration by the court of the overall fairness of an order 2 made upon an application to vary a joint lives periodical payments order.”5 3 4

¶ [17] The Court approached the question of a variation by considering the factors under s.25 (2) of 5 the Matrimonial Causes Act 1973. 6 7

¶ [18] In the case of Morris v. Morris6, the English Court of Appeal considered the extent to which a 8 review of those factors is necessary on a variation application. The issue on appeal was whether 9 the trial judge had properly weighed the factors or had used an extremely “light touch” which 10 focused primarily on the change in circumstances. Counsel on behalf of the appellant argued 11 that the Court had failed to give proper weight to the factors which would have included taking 12 into account the husbands’ decreased income and debts and the improved circumstances of the 13 former wife. It was urged that if the appropriate weight had been given, there should have been 14 a substantial rather than small reduction in the maintenance payments to be made by the 15 husband or an adjustment of the term over which the payments were to be made. 16 17

¶ [19] The Appellate Court dismissed the husband’s appeal and concluded that a court, on a variation 18 application, is not required to consider the matter de novo. The court has the flexibility in line 19 with the overriding objective to determine what is required in each case and is to conduct an 20 exercise which is proportionate to the requirements of a case. This may, in some cases, require 21 a complete review of the factors, but, in others, a light touch review may be justified. 22 23

¶ [20] The Court stated: 24 25 “87. On a variation application is the court required to consider the matter de 26 novo? In my view, the simple answer is that it is not. The court must conduct an 27 exercise which is proportionate to the requirements of the case. They might 28 warrant a complete review but they can also justify, what Mr Duckworth refers to 29 as, a light touch review. In this respect, Mr Duckworth was right to acknowledge 30 that the court can confine its consideration to factors relevant to the variation 31 application. 32 33 … 34

¶ [92] The court has “enormous flexibility” to determine the “nature” of the 35 substantive hearing. This includes, as Mr Duckworth accepts, focusing on the 36 5 Ibid, paragraph 64 6 [2016] EWCA Civ. 812 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 FAM0287/2018 Page 7 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 8 of 50 1 relevant factors and in my view also, where appropriate, conducting a light touch 2 review. Specifically, to require the court to undertake the exercise de novo would 3 be contrary to the overriding objective and the obligation for a case to be dealt 4 with proportionately.” 5 6 7

¶ [21] Additionally, the Appellate Court in considering the case before it, noted that the final order 8 had been recently made, only two years earlier in August 2014, as well as the absence of 9 sufficiently significant events in the case. With respect to the issue of varying the term of 10 periodical payments, the Court stated: 11 12 “Changes in employment and changes in income, as occurred in this case are not 13 unusual and they are not sufficient to support the need for a substantive review of 14 this element of the 2014 order.” 15 16 17

¶ [22] The case of Morris v. Morris has been cited with approval in this jurisdiction in the Grand 18 Court case of SD v. AL.7 Williams J. provided further guidance in the following terms: 19 20 “Having regard to Morris, the following principles are appropriate as a guide to 21 the Court in the exercise of its discretion: 22 The practice has developed where the Court looks for a material change in 23 circumstances since the last order when considering varying periodical payments 24 order. However the wording of s. 23 and s. 19 MCL give the Court wide powers to 25 vary its ancillary relief orders and contemplates that there may be other 26 circumstances other than a change of means which would justify a variation in the 27 original order; 28 Whilst the Court has a broad discretion when determining variation applications, 29 such discretion should be exercised in a proportionate manner: proportionate to 30 the money involved, the cost and complexity; 31 In conducting its s. 23 MCL exercise the Court should have sufficient information 32 available to it for the relevant issues to be addressed in a way which is fair and 33 proportionate against eh backdrop of the Overriding Objective. The provision of 34 information for the exercise is a mutual and reciprocal obligation; and 35 36 A full, exhaustive and expensive representation of a final ancillary relief hearing 37 should be avoided. That would be contrary to public policy, detrimental to the 38 parties interests and a drain on the limited resources of the Court.” 39 7 Judgment dated 5th September 2017 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 FAM0287/2018 Page 8 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 9 of 50 1 APPROACH 2

¶ [23] As I consider this matter, I bear in mind the above statutory and guiding principles. 3 While there is no requirement to consider the matter de novo, the review to be 4 undertaken should be proportionate to the circumstances. The first consideration is the 5 best interests of the children of the marriage. Their requirements continue to include 6 adequate housing, education and on-going general maintenance. Thereafter and to the 7 extent that it is necessary to do so, consideration is to be given to the responsibilities, 8 needs, financial and other resources, actual and potential earning power and the deserts 9 of the parties. I am also mindful of the relevant factors raised in s.25 (2) of the United 10 Kingdom Matrimonial Causes Act 1973. Those factors have been described by the 11 Cayman Islands Court of Appeal as being not materially different from the factors set 12 out in s.19 of the Act in the Cayman Islands.8 13 THE AFFIDAVITS 14

¶ [24] The evidence before the Court initially consisted of the Affidavits of the wife dated 22nd 15 December 2021 and 4th May 2022 and the husband’s Affidavits dated 4th January 2022 16 and 26th April 2022 together with historical Affidavits filed by both in February, March, 17 and April 2019. 18 19

¶ [25] Following the hearing, where each party gave evidence on oath, there was an indication 20 that the employment circumstances of the wife has changed. By agreement, additional 21 Affidavits were filed by the parties on the 4th and 14th October 2022. The wife is no 22 longer employed as of September 2022. Notwithstanding this change and the indicated 23 willingness of the husband to continue paying child maintenance at the level agreed in 24 2019, a determination is still sought in respect of the period up to September 2022. 25 26 27 8 K. v. K. [2017] (2) CILR 682 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 FAM0287/2018 Page 9 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 10 of 50 1 THE POSITIONS OF THE PARTIES 2

¶ [26] The wife’s evidence is that although she secured permanent employment in June 2021, 3 up to March 2022, she had no security of tenure as her employment was on a 4 probationary basis and was therefore uncertain. It is her position that payment of 5 spousal maintenance should have continued unchanged through to that month to allow 6 her to get back on her feet after ten years of being out of the job market. She states that 7 she had no safety net of savings and also had large expenses for the repair of areas of 8 the FMH and premises. She asserts that the maintenance payment as per the FACO 9 contained within it an element of compensation. She says that there should be a 10 compensation factor ‘to allow her time to get back on her feet without stress’. 11 12

¶ [27] It is also her position that the FACO provided for variation on a proportionate basis. 13 Her earning level was 25% of the husband’s earnings. Any variation should be from 14 March 2022 onwards and should reduce spousal and child maintenance by no more 15 than 25% with 75% to continue to be paid by the husband. She says that she considers 16 this to be a fair sum and that she is willing to take a slightly lower capital sum in arrears 17 of spousal maintenance in order to bring this matter to an end. 18 19

¶ [28] The husband’s position is that the wife was provided with adequate compensation at 20 the time of the FACO given its terms. He points out that she received the FMH free 21 and clear of a mortgage which was to be paid by him. He was also responsible for all 22 marital debts including credit card bills. His position is also that contrary to her 23 assertions as to unemployment, the wife has been working in her consultancy business 24 over an extended period. He says further that in any event her new employment as of 25 June 2021 provided her with more than enough income to meet her expenses, and that 26 it would be unjust for spousal support to have continued when all her expenses were 27 already covered by her own income. The husband thus avers that there was a material 28 change in circumstances and that the FACO should be varied substantively on a 29 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 FAM0287/2018 Page 10 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 11 of 50 1 backdated basis to when the wife commenced employment. The FACO contemplated 2 that she would secure employment and that the order would be varied upon her doing 3 so. He says that he stopped making spousal maintenance payments because it was clear 4 to him that the wife no longer needed the support. As to the children, his position is 5 that he will continue to meet all their major expenses as he has always done. In his view 6 it is unreasonable for him to pay a further $2,700.00 per month or 75% of the current 7 level in maintenance for the children in addition to meeting all their major expenses. 8 9 THE EVIDENCE 10 COMPENSATION TO THE WIFE 11 12

¶ [29] Both parties began their married life as salaried professionals in the same field. The 13 husband continued to work in his profession. He has changed jobs on occasion to earn 14 higher levels of salary and better positions. He is now at the level of a partnership. The 15 wife has not reached this level. It is the wife’s evidence that she has been disadvantaged 16 because she has been out of the work force for ten years. She testified that for a period 17 leading up to the birth of the first child, they made the decision that she would not work. 18 She spoke of the difficulties which they experienced in having children, the specialized 19 process which had to be adopted and said that she was placed on bed rest. When the 20 second child was two years old, she began the consulting business referenced above. 21 According to her this was not an extensive business. At the time of the FACO, she was 22 not earning income and had gone through her savings. In the intervening period since 23 the FACO she asserts that she had been searching for permanent employment but this 24 proved difficult to obtain. 25 26

¶ [30] The husband’s evidence was that while the arrangements for having children needed 27 the investment of time, the decision not to work was made not from health difficulties 28 and anxiety because of the process, as the wife suggests, but from choice. He gave 29 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 FAM0287/2018 Page 11 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 12 of 50 1 evidence that other women in the wife’s position worked and maintained their careers 2 while going through the same process. 3 4

¶ [31] It did seem to me that whatever the factual circumstances as to the level of difficulty 5 and anxiety over the prenatal and natal periods, the important point is that both agreed 6 on a course of conduct which led to the unemployment of the wife for a significant 7 period of time. 8 9

¶ [32] In the case of Waggot v. Waggott9 the English Court of Appeal considered inter alia 10 the compensation principle. The wife in that case submitted that the principle is 11 applicable both when the spouse had sustained a financial disadvantage and also when 12 the respondent had sustained a financial advantage during the marriage. 13 14

¶ [33] The Appellate Court noted that there are invariably factual disputes as to whether or 15 not the choices made which led to the claimed disadvantage was “a choice freely and 16 willingly adopted by that party during the marriage and contrary to the wishes of the 17 other party or vice versa.” Lord Justice Moylan expressed the view that such a factual 18 debate was unnecessary and inappropriate and suggested that: 19 20 “.. absent reliance on conduct (which will only exceptionally have any 21 relevance), the court is looking at the financial consequences of what 22 happened during the marriage and those alone.” 23 24

¶ [34] As to the principle of compensation, the Court rejected the argument of the wife and 25 stated that it is clear from the case of Miller and McFarlane that compensation is for 26 the disadvantage which is sustained by the party who has given up a career. 27 28 9 [2016] EWCA Civ 727 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 FAM0287/2018 Page 12 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 13 of 50 1

¶ [35] The learned Judge stated: 2 “However, as a necessary factual foundation the court would have to 3 determine, on a balance of probabilities, that the applicant's career would 4 have resulted in them having resources greater than those which they will 5 be awarded by application of either the need principle or the sharing 6 principle. Further, the court must separately determine whether, and if so 7 how, this factor should be reflected in the award so as to ensure that it is 8 fair to both parties.” 9 10

¶ [36] In my view, the evidence in this case does point to relationship disadvantage. There is 11 every indication that the wife having left the work force in order to become a full-time 12 mother, there was a negative financial effect upon her ability to earn and secure 13 promotions as the husband continued to do. While she was self-employed for part of 14 this time and operated her own small business from the home, plainly this was not at 15 the level of high earnings which the husband now enjoys. She remained out of the 16 mainstream work force for ten years and understandably has had difficulty trying to re- 17 enter it. 18 19

¶ [37] The husband appeared to accept that there was some disadvantage, and that some 20 element of compensation was necessary. However, he urges that the wife was already 21 compensated by the uneven split in capital at the time of the FACO. In cross- 22 examination of the wife, Counsel for the husband suggested that the reality is that she 23 was compensated for relationship disadvantage and that the husband received almost 24 $90,000.00 less in value than the wife. The wife replied that it is her understanding that 25 the “extra was to equalize her for the value of the property”. She said that the husband 26 wanted the land because it is development land, and it was worth more than the FMH. 27 28

¶ [38] Counsel for the wife submits that notwithstanding the husband taking on the 29 responsibility of the mortgage for the FMH, there was a disparity because the husband 30 confirmed in cross-examination that the pension which he retained was significantly 31 32 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 FAM0287/2018 Page 13 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 14 of 50 1 higher than the wife’s pension. The disparity which is not quantified is not surprising 2 given that he had continued in employment while the wife had not. 3 4 UNDISCLOSED TRUST INCOME 5

¶ [39] By way of a postnuptial agreement in 201110, each party agreed not to have a claim or 6 interest in their separate properties defined as including all present and future interests 7 in family trusts and inheritances. Each party accuses the other in these proceedings of 8 having undisclosed income by way of family trusts. Each blames the other for failing 9 to provide adequate disclosure. The wife says that there is nothing to disclose. The 10 husband refuses to disclose any recent trust documents to the wife. He says that there 11 has been no change in his family’s trust and that the wife has communicated in a way 12 which is harassing to the trustees and to his family. Counsel on behalf of the wife relies 13 on the case of NG and SG11 and invites the Court to draw certain inferences from non- 14 disclosure. 15 16

¶ [40] The husband’s evidence is that the wife’s family is very wealthy and that a trust had 17 been established for her and her brother. He has known the wife’s parents for over 18 twenty years. He testified that in the course of the marriage he signed various 19 documents and provided ‘Know Your Customer’ information for the establishment of 20 an offshore trust by the wife’s parents. He said that the wife’s parents spend lavishly 21 on her and the children and that he witnessed this during the marriage. Throughout their 22 marriage there were large financial gifts from her family, expenses were covered, and 23 vehicles and holidays were provided. He said that he himself benefitted from this and 24 that he believes that this has continued to this day. He said that the wife’s father is still 25 involved in the development of one very large building project. 26 27 28 10 Exhibit page- 344, Hearing Bundle 11 [2011] EWHC 3270 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 FAM0287/2018 Page 14 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 15 of 50 1

¶ [41] The husband urges that there has been a failure on the wife’s part to disclose her true 2 financial position and asks the Court to note that it is her position that any benefits she 3 receives should be ignored. He states: 4 “The Respondent appears to take the view that any benefits she receives 5 from her own family sources should be ignored and are not applicable to 6 these proceedings. I tend to agree but this means that any family benefits I 7 may receive should be equally inapplicable.”12 8 9

¶ [42] He submits that considering the wife’s failure to disclose her true financial position, 10 the focus should be on their respective employment incomes to determine an equitable 11 sharing of the children’s expenses. 12 13

¶ [43] In cross-examination the wife denied that she is in fact wealthy and is seeking to have 14 the wealth on her side ignored. She agreed that she had referred to having a trust fund 15 in the FACO but denied being the beneficiary of one. Her evidence is that her parents 16 had contemplated establishing a trust for herself and her brother but decided against it. 17 She provided a letter from her father which disavowed the establishment of such a trust. 18 She says that her parents do have assets but not much income and are now retired. They 19 live on their pension. Any project work which is currently being done by her father is 20 on a voluntary basis. 21 22

¶ [44] The husband also pointed to what he said was the lavish lifestyle of the wife while 23 unemployed as a basis for his assertion that she did not need spousal support and has 24 hidden wealth. He described this lifestyle as including vacations and several 25 staycations, having champagne brunches, and buying items. She was able to purchase 26 a car for her helper and has on occasion employed two helpers at the same time. She 27 travels first class or business class. The wife sought to explain this lifestyle in part by 28 saying that the flights were provided by her father and were from using his air miles. 29 12 Paragraph 50, Affidavit of husband dated 4th January 2022 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 FAM0287/2018 Page 15 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 16 of 50 1

¶ [45] Counsel for the husband submitted that on the balance of probabilities it would be 2 appropriate to infer from all the evidence including the lack of disclosure of bank 3 statements and other material by the wife, that the wife and children are likely 4 beneficiaries under trusts from the wife’s family. 5 6

¶ [46] I note that as a practical matter, one would not expect the establishment of a trust to be 7 contemplated and to be at the stage of the preliminary documents produced as exhibits 8 by the husband if there was no funding for such a trust. Additionally, if the husband is 9 correct, the lifestyle of the wife which he describes, is inconsistent with her claim to 10 have been living entirely on the amount of $6,800.00 per month provided to her and 11 the children by the husband which she described as barely making ends meet. It is also 12 inconsistent with living almost entirely on her new income. The overall impression I 13 had was that there is apparent inconsistency and questions arise which are not entirely 14 explained by the answers given by the wife. However, there is insufficient evidence for 15 me to be able to conclude with some degree of positivity that the wife does have an 16 alternative source of income, namely a trust fund and more importantly there is 17 insufficient evidence for me to be able to place some sort of numeric value to this. I do 18 not think that this means as Counsel for the husband submitted that the wife is to be 19 rewarded for her own lack of transparency. It means no more than a finding of 20 insufficient evidence. 21 The Trust 22

¶ [47] It is agreed evidence that the husband and the children are beneficiaries of the Trust. 23 The husband is a director of the Trust and receives director’s fees of US $32,000.00 24 per year. He has declared this as part of his income. The wife accepts that she entered 25 into the FACO knowing about the Trust entitlements and says that she is not now 26 making a claim in respect of it. Instead, she raises two issues. The first is that because 27 of the Trust, the children’s educational expenses are covered by an ‘independent party’. 28 29 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 FAM0287/2018 Page 16 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 17 of 50 1 It is made for the children’s benefit, (by virtue of their own entitlement under the Trust), 2 whether the husband is alive or not. She states that he should not therefore include this 3 in his income and ought not to be able to list the educational expenses as part of his 4 budget. Secondly, she states that although the Trust is discretionary, the husband 5 receives and has always received throughout their marriage, annual income from it of 6 about US $60,000.00 per year. It is her evidence that for the 2012 disbursement, he 7 received an additional 16.67% and for the 2017 disbursement he received an additional 8 18% over the amount provided for in the Trust. She states that while they were married 9 this was paid every year around August and there is no reason to believe that this has 10 ceased. 11 12

¶ [48] Secondly, she points to the fact that the Trust provides for the children directly in two 13 ways. Each child is to receive the first CAD $10,000.00 for school fees and thereafter 14 one half of fees up to CAD $20,000.00. The wife asks the Court to draw the inference 15 that the school fees are in fact paid by the Trust and not by the husband. Additionally, 16 each child receives US $20,000.00 annually. One half of this is to be invested for their 17 future. The wife states that with this entitlement the children’s expenses for 18 counselling, health and extracurricular activities would be covered, the husband would 19 be reimbursed and would not have to pay these from his budget. 20 21

¶ [49] It is also her evidence that she believes that in 2021 the Trust was opened for 22 amendments. She says that “she knows for a fact” that there was meant to be an 23 increase for inflation and there is a good chance that the payments have been increased. 24 This is the reason that she asked for disclosure, but the husband has declined to provide 25 any documentary information in relation to the Trust. 26 27

¶ [50] The husband’s evidence is that there is no issue as to disclosure on his part as the family 28 distribution policy for the Trust has not changed since the Trust deed was made. The 29 wife already has possession of this. He says further that nothing has changed in relation 30 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 FAM0287/2018 Page 17 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 18 of 50 1 to the Trust since the FACO was made. He said that he declined to hand over any trust 2 documents to the wife because of confidentiality concerns. He complains that the wife 3 has threatened and made serious allegations against his family members on several 4 occasions. 5 6

¶ [51] His main responsive point is that the Trust is discretionary and there are no set 7 entitlements. He says that because distributions are discretionary and not guaranteed 8 income, it would be unjust to take account of his family inheritance. He said that up to 9 January 2022 he had not received distribution payments for 2021. He testified that over 10 the last three years, he has received only one payment of trust benefits. During the 11 marriage, when he did receive any personal benefit (of CAD $75,000.00), this has 12 always gone directly into defraying the mortgage. Monies received for the children 13 were put into a savings account. They were never used for any purpose. They were 14 never used for extra-curricular activities, or for counselling or healthcare. He said that 15 the money is not to supplement the income of the parents. His plan is that when the 16 children are old enough, they will be able to each have an apartment. In cross- 17 examination he said that he has saved all the distributions which the children have 18 received and set up another trust for them. He said that the wife is aware that this was 19 the case during their marriage. He was asked by Counsel for the wife, whether one half 20 of this could not be used for their ongoing expenses as the Trust permitted this. He said 21 that both parents have salaries which are large enough to meet the expenses of the 22 children. There is no need to steal the children’s inheritance from them. The money is 23 for their future. 24 25

¶ [52] In answer to further questions in cross-examination the husband said that he would 26 receive CAD $75,000.00 from the Trust per year if the Trust makes a profit. This is not 27 something that he received every year while they were married. He said that he did not 28 make any inquiries when he was not paid because of the discretionary nature of the 29 Trust. He said that he understood that Counsel would be asking the Court to draw 30 inferences with respect to his monthly budget in the absence of definitive information. 31 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 FAM0287/2018 Page 18 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 19 of 50 1

¶ [53] The husband agreed that legally the wife has parental responsibility over the children, 2 but he said that he did not agree that having parental responsibility gave her certain 3 rights and obligations which would include having information about the children’s 4 finances. He said that there are no entitlements for the children, it is a discretionary 5 trust. He said that he is not willing to provide the wife with any information. He 6 explained his reason as stated above. 7 8

¶ [54] He accepted that the Trust provides reimbursement of a portion of the children’s 9 education expenses on a discretionary basis. He said that he received this in some years. 10 He was uncertain as to the exact details and said that the first CAD $10,000.00 is paid 11 and then the next CAD $10,000.00 is 50% and he thought perhaps a further 25% is 12 paid. He said that the last time he received a distribution as part of the children’s 13 education fund was two or three years ago. He has not asked for information as to the 14 absence of a distribution even though he is also a director of the Trust. He has refrained 15 from seeking information because he has abstained from matters which have to do with 16 him. 17 18

¶ [55] He agreed that he had provided no documentation as to the disbursements by the Trust 19 but said that likewise he did not have any payments from the wife’s trust, from her 20 parents, from her other employment or anything else. In his view the absence of 21 disclosure is equal on both sides. He stated that the wife signed a marital agreement 22 and a final consent order that she has no claim and no rights to any information. He 23 said that he disagreed entirely with the suggestion that he is the one that is causing or 24 contributing significantly to the very poor communication between them. He did not 25 agree to the suggestion that disbursements from his family’s trust are necessary to 26 assess proportionality. 27 28

¶ [56] Counsel for the wife made submissions of some force as to what is described as the 29 vague answers provided by the husband about when he last received entitlements under 30 the Trust. Counsel said that given his position as a director of the Trust and that the 31 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 FAM0287/2018 Page 19 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 20 of 50 1 Trustees are his brothers, if he truly does not know what disbursements the Trust had 2 made and the reasons for the decision, it is “because he has sought refuge in willful 3 ignorance.” Counsel asserts that the husband’s true income position should reflect the 4 annual Trust payment of CAD $70,000.00 and that the proposal that he pays all the 5 children’s direct costs is a false narrative as he receives re-imbursement from the Trust. 6 7

¶ [57] For my part, I thought this to be the single area of weakness and question in the 8 husband’s evidence. Overall, I found him to be an honest and forthright witness. It was 9 evident that his concern as to what he sees as the wife’s lack of confidentiality and 10 harassing behavior led to decisions which did not foster transparency and were not 11 helpful to the Court. During his evidence for example there were occasions when he 12 offered to provide documents to both Counsel and to the Court if they were not to be 13 shown to the wife. Yet, even against the background of lack of trust of the wife, it was 14 surprising that he was not able to speak more definitively as to what disbursements had 15 been received and when. Given the requests for disclosure, these are questions which 16 he ought to have anticipated. My assessment of him, having had the opportunity to 17 observe him as he gave evidence is that he is generally inclined towards precision. 18 Given his evidence above as to how both trusts should be treated and viewed, I think 19 his vague answers about the disbursements of the Trust are from a sense of deep 20 resentment about what he believes the wife is hiding. The reality is that Trust 21 entitlements on his side cannot be ignored as he suggests. There is evidence of some 22 strength about the nature and quantum of these receipts. The Trust document is 23 exhibited by the wife.13 He gave evidence that there is no change to the entitlements 24 listed therein. He stressed the discretionary nature of it. However, in contrast to his 25 evidence that payments were ad hoc, the wife gave evidence that the annual amount 26 was paid to him consistently every year in August while they were married and that the 27 children’s educational expenses were also re-imbursed. He gave evidence that he has 28 29 13 Page 54 of the Hearing Bundle. FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 FAM0287/2018 Page 20 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 21 of 50 1 received and invested all the disbursements made for the children and that he has made 2 the choice that no part of this is to be spent. 3 4

¶ [58] Counsel for the wife submits that the disbursement to him should be reflected as part 5 of his income. I accept that despite the discretionary nature of it, there is evidence of 6 regularity of payments. I think this means that when his income and expenses fall to 7 be considered, it should be against the background that it is likely that he may have 8 additional funds available to him by way of disbursements from the Trust. I also accept 9 the submissions of Counsel for the wife that as some of the children’s expenses may be 10 reimbursed by virtue of their own entitlement under the Trust, the financial weight of 11 this is not entirely upon him. 12 13 EMPLOYMENT OF THE WIFE 14

¶ [59] The issue of the employment of the wife, the timing of and information about this is a 15 difficult point between the parties. In summary the husband suggests that the wife was 16 not open or responsive about this and questions her motives. The husband’s evidence 17 is that he found out that she was employed by doing his own research. He says that in 18 May 2021, there was the first indication from the wife that she was employed and at 19 that time she said it was a short-term contract and that she was only earning $5000.00 20 per month. He requested but did not receive official confirmation of this. He requested 21 financial proof, on 10th June 2021, 13th July 2021, and 14th July 2021. On the 28th July 22 2021, the wife advised through her attorneys that she had recently commenced 23 employment. It was not until November 2021 that the wife finally produced a copy of 24 her employment contract shortly before mediation was to commence. This was many 25 months after he had requested it. 26 27 28 29 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 FAM0287/2018 Page 21 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 22 of 50 1

¶ [60] The wife’s evidence is that in June 2021 she was offered a job for which she received 2 a salary of US$135,000.00 per annum or US$11,250.00 per month. The husband 3 became aware of this and immediately stopped paying spousal support. The job offer 4 was subject to a period of probation which was due to end in December 2021 and was 5 extended for a further period of three months to March 2022. She describes what she 6 says was uncertainty given the probation period. She complains about the immediate 7 cessation of spousal maintenance by the husband without allowing her any time to “get 8 back on her feet,” after ten years of not having a job. She says that she had no 9 opportunity to generate some financial stability, build a cushion for contingencies, deal 10 with her debts and re-orient to working life. She now finally had a chance to fix her 11 house and to get a new car. She said that it had only been ten months. She still had to 12 stabilize her role. 13 14

¶ [61] She was challenged in cross-examination about the information she had provided to the 15 husband about her employment and the suggestion was made to her that she had not 16 been transparent. She agreed that she had said on 27th May 2021 that she had a short- 17 term contract for $5000.00 and in response to the suggestion this was possibly 18 misleading, she explained that in May 2021, no employment had been confirmed to 19 her. She said that there was nothing official, she had been approached in relation to part 20 time temporary employment and contracted through her consultancy company. She 21 said that she commenced work on the 15th June 2021 and had only been told a week 22 before this that she was hired on a more full time basis. There was a higher salary for 23 the more permanent position. 24 25

¶ [62] She accepted that in July 2021 that she was still referring to her employment as 26 temporary although she had already signed a contract. She explains that her employer 27 still thought it would be a six-month role and at that time “everything was up in the 28 air”. She did not agree to the suggestion that her responses were slightly misleading. 29 30 31 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 FAM0287/2018 Page 22 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 23 of 50 1

¶ [63] She accepted that the husband requested her employment agreement and company’s 2 bank statements in mid-2021 and that she refused to provide them. She said at one 3 point that she did not agree to provide employment contracts and documents as in her 4 view this is not a requirement of the FACO. She also said that she did not provide 5 anything at that point because she needed proper legal counsel to advise her as to what 6 her rights were. This was despite the fact that she had earlier provided financial 7 statements in 2019. 8 9

¶ [64] She was asked about the reason that despite having an attorney in August 2021, it took 10 her six months after signing the contract until November 2021 to provide her 11 employment contract. She replied, “such is life”. She said that prompt responses had 12 not been received to her requests because of different things. She said this was her first 13 job after ten years. She needed to talk to her employer and consider whether any issue 14 of sensitivity surrounded the provision of the information requested. She denied acting 15 in bad faith in not providing her contract earlier. She said that she had no legal 16 obligation to do so. She had done what she had undertaken to do which was to inform 17 the husband that she had secured employment. 18 19

¶ [65] She testified that her company’s bank account is still open. She said that the rules 20 require that it had to have at least $10,000.00 in it, in order to maintain it. She said that 21 at the time of the FACO, the account had approximately $13,000.00. Now it has 22 $40,000.00. This is money that she has been trying to save every month to be able to 23 afford a new car, legal fees, operational costs and her bills. Some of it was saved from 24 her pension. She denied that the reason that she did not provide the information as to 25 her account was because she had so much money in the bank. 26 27

¶ [66] Having listened and observed the wife as she gave evidence, the unfortunate impression 28 I had was that there was at least the desire by her to downplay the nature of the 29 employment if not to conceal the fact and details of it from the husband. Certainly, the 30 level of income was not confirmed until November 2021. While the wife seeks to 31 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 FAM0287/2018 Page 23 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 24 of 50 1 explain the sequence of events and the reasons behind the responses given, the position 2 taken by her may not have been helpful. The husband’s evidence in cross-examination 3 is that he believed that the FACO contemplated that the wife should provide 4 information as to her income in order for a determination as to a proportionate variation 5 to be made. The wife provided some bank statements, but these were not for her main 6 account. He said that he did not see how there could be a proportionate variation if the 7 figures are unknown. 8 9

¶ [67] There was some cross-examination of the wife as to employment through her company 10 past and present. The wife stated that her consultancy business is no longer in operation 11 and that she is not receiving any income from it. She denied being regularly employed 12 prior to June 2021 and said that in the year leading up to this she did not have work 13 through her own company and did not receive money on a consistent basis. The 14 suggestion to her which she denied was that over the last few years she has worked 15 considerably and has had income. She said that she depended solely on the husband’s 16 income for the past nine years. He paid for everything. 17 18

¶ [68] She was cross examined about her ‘LinkedIn’ profile in 2021 in which she said that she 19 had operated her own business for more than seven years. She said that she worked if 20 she was able to work and how much money she made was variable. Contracts were 21 sometimes few and far between and she could not charge much as she was competing 22 with other local businesses and her prices had to be competitive. Additionally, because 23 of the divorce she was not able to function. She did not have a consistent flow of work 24 coming in. She had some contracts, but these were open engagements where she was 25 contracted to be available on an as needed basis. 26 27

¶ [69] She was referred to another ‘LinkedIn’ page in 2019 in which she said that she had a 28 short-term contract for four months in September 2019. She said that this was on a 29 commission basis through her company. She said that for the short-term contract 30 perhaps she received $1,000.00 per month. She was earning a fragment of money at 31 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 FAM0287/2018 Page 24 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 25 of 50 1 this point. She had no savings and after that nothing came in. She said that she did 2 inform the husband of this. He confronted her on it but there was no change in 3 circumstances. She said that she had consultancy work before the FACO was signed. 4 It was suggested that she was not being transparent that she did have money coming in 5 as evidenced by her bank account. She said that she does not believe that there was a 6 lack of transparency. She agreed that she had worked for another entity on a 7 consultancy basis for eleven months. She said that the $5000.00 a month which she 8 earned at that time was on a consultancy basis and it went into filling the land for the 9 benefit of both. 10 11

¶ [70] The husband testified that during the period when the wife was out of employment and 12 at home, she worked on and off throughout those 10 years. She received income 13 through her business. She had large clients, including large hotels on Island and rich 14 friends. He states that the wife continues to operate her own business and was 15 employed on several other occasions and has failed to disclose this. In cross- 16 examination he said that he believes that although the wife was working before June 17 2021 there was no clarity as to how much she was earning. He believes that there is 18 now a significant change in circumstances. 19 20

¶ [71] I have considered all the evidence on this aspect. The suggestion that the wife has been 21 employed before June 2021 and has failed to disclose this, is a conclusion which is 22 invited to be drawn based on past activity, deposits in her company account and 23 lifestyle. This is in circumstances where it is also urged that her family is wealthy and 24 has provided her with generous financial gifts. Her evidence is that the deposits in her 25 account were in part from her pension. I do not think that the evidence is sufficient to 26 draw the inference that there was any significant employment before June 2021 or that 27 her consultancy business generated significant income. To a large extent the husband 28 appears to accept this, referring as he does to the change in circumstances and the clarity 29 as to her earnings which he has now obtained. 30 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 FAM0287/2018 Page 25 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 26 of 50 1 EVIDENCE AS TO THE TERMS OF THE FINAL ANCILLARY CONSENT ORDER 2

¶ [72] Both parties were cross-examined about their understanding of the FACO. The husband 3 is said to have acted in breach of the FACO by unilaterally discontinuing spousal 4 maintenance. He said that he does not accept that he was wrong to do so and explains 5 that he did so upon finding out about the wife’s employment. He states that he 6 understood the wording of the FACO “for a period of up to three years”, to mean that 7 spousal maintenance would cease before three years if the wife had sufficient income. 8 He believed that the spousal support ceased on the date when her earnings began. He 9 stopped making payments because his information was that she was earning some 10 $180,000.00 a year. His view was that she was doing well and did not need the 11 maintenance. He also thought that child support should have been reduced but he did 12 not do so because he did not want the children to be affected by the relentless conflict 13 any more than they have been. He said that he tried to go to mediation with the wife 14 and initially she refused. In answer to a question from the Court he said that he did 15 not feel that time was needed for the wife to get back on her feet, she had started earning 16 and was living a lavish lifestyle. 17 18

¶ [73] The wife testified that in her view the purpose of spousal maintenance was that she 19 would have three years to get employment. She said that she made it clear that this 20 maintenance was not to be extinguished once she secured employment. She signed the 21 FACO on the understanding that what was meant, was that spousal maintenance would 22 be reduced proportionately to what she was earning. 23 24

¶ [74] While both parties sought to give their own understanding of the meaning of the FACO 25 as to spousal maintenance, the first step must be whether there is a plain meaning to 26 the words. This is that upon there being any change to the employment circumstances 27 of the wife, both spousal and child maintenance shall be varied proportionately. In the 28 absence of agreement of the parties, the questions which arise for consideration are as 29 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 FAM0287/2018 Page 26 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 27 of 50 1 to the nature of the change in employment circumstances and the impact of this change 2 on the payments to be made by the husband. 3 4 INCOME AND EXPENSES OF THE WIFE 5

¶ [75] The income of the wife from her new employment during the period under 6 consideration was $11,250.00 per month. As Counsel for the husband pointed out, this 7 was more than the spousal and child maintenance combined and that the effect of this 8 is that the wife has had a 65% increase in her income. 9 10

¶ [76] On the 21st December 2021, the wife provided a budget which showed her expenses as 11 CI$9,740.80, (US$11,879.03). On the day before the hearing, the wife produced an 12 updated budget which showed her expenses as CI$12,582.45 (US$15,344.45). Counsel 13 for the husband in cross-examination of the wife and in submissions noted, that the 14 earlier budget showed a shortfall of only $629.00 per month before any maintenance is 15 received. Counsel submitted that given that the wife was able to manage on $6,800.00 16 per month which is about one half of what she was earning she is more than capable of 17 meeting all their needs without any support. 18 19

¶ [77] The wife was cross-examined about these budgets and what was suggested to her to be 20 a significant uplift. She agreed that she had initially submitted a budget which showed 21 the small shortfall noted but said that this did not include legal fees and or the cost of 22 repairs. She gave evidence that since she started working, she had to spend some 23 $10,000.00 on repairs for air conditioning units. She said that there had been inflation 24 since 2019 when she had set out her expenses as $8,335.00. She denied claiming “pure 25 profit” for herself and said that there are emergencies and unforeseen circumstances. 26 27 28 29 30 31 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 FAM0287/2018 Page 27 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 28 of 50 1

¶ [78] She was challenged about various items on the budgets and the suggestion was put 2 which she denied that she had changed her budget after reviewing the submissions 3 received. She also denied that she was just “massaging the numbers’ to suit her own 4 case. 5 6

¶ [79] She was asked to explain the recent purchase of a new SUV motor vehicle at a cost of 7 over $47,000.00 and the suggestion was put to her, to which she did not agree, that it 8 was financially irresponsible for her to make such a purchase at this time. It was said 9 that she could have obtained a reliable vehicle at a much lower cost. She responded that 10 she had sought to cut costs by no longer using the services of a nanny. She could 11 therefore afford a loan against the value of the new vehicle and to do this while she has 12 income. She said that her old vehicle had become unreliable and had not been 13 functioning properly. She described the new vehicle as safe for the children and as an 14 investment for some fifteen years which will hold its value. 15 16

¶ [80] She was asked whether she could not have obtained a loan to pay her legal bills and 17 she said that she would not be able to obtain such a loan. She denied that she was 18 effectively asking the husband to pay her legal debts by seeking the payment for arrears 19 of spousal maintenance. 20 21

¶ [81] As to specific budget items, Counsel for the husband suggested to her that the 22 supporting evidence provided was ‘woefully inadequate’. For some figures there were 23 no invoices or receipts. For others such as electricity, she had produced bills for the 24 months of the year such as August when such bills would be at their highest level. She 25 had produced estimates for the repair of the fence, but the fence had been repaired by 26 another entity and she had not produced the actual bill. Her evidence in response to this 27 was that the final cost was about $25,000.00 which was about the same as estimated by 28 the other entities. She agreed that she had not produced documents as to insurance 29 costs for the current year that the air conditioning issues have been remedied and the 30 31 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 FAM0287/2018 Page 28 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 29 of 50 1 fence is fully repaired. She said the patio roof still needs to be repaired and requires 2 annual work. 3 4

¶ [82] She was asked about her level of spending and justified travelling business class with 5 the children by saying that there will be no hotel costs at the other end as they will have 6 free accommodation when they stay with her parents so that she was still within her 7 allowance. 8 9

¶ [83] She disagreed with the suggestion that she cannot justify expenses for herself and the 10 children of more than $10,000.00. To the suggestion that she could completely survive 11 on her salary level, she replied that this was not the agreement. She said that the FACO 12 does not state that if her expenses were covered then spousal maintenance would be 13 extinguished. She did not accept that she is better off in terms of disposable income 14 than the husband and gave her view that the amount claimed by her was justified 15 notwithstanding that the children were in her care for only two weeks per month and 16 the husband meets all their major expenses and upkeep. 17 18

¶ [84] The two budgets which the wife provided are set out below. Accepting that the car loan 19 is offset by removing the costs for a nanny, the primary reason for the increase in 20 expenses appears to be the inclusion of $2,200.00 per month for legal costs. While there 21 are small increases for maintenance of the home, utility bills, personal grooming, and 22 clothing for the children, this is by far the largest monthly increase. 23 24

¶ [85] I have approached assessment of this budget in a broad way. There is visible room for 25 savings in some of the items budgeted. For example, there is an item of $250.00 per 26 month or $3,000.00 per year for a chrome book for the children. This appears as a 27 continuing rather than one off cost. It is also noted that the evidence of the wife in 28 cross-examination was that her parents had purchased these for the children. She sought 29 to explain that these may have to be replaced on an annual basis, but this does not 30 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 FAM0287/2018 Page 29 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 30 of 50 1 appear to be practical. The figure for groceries has been increased but there is also a 2 large figure of $1,000.00 per month for dining out in addition to work lunches of 3 $400.00 and lunch for the children. Appreciating and allowing for the standard of living 4 to which all are accustomed, there is still room for greater economy until circumstances 5 change. Reductions could be made on the cost of travel in the short term. Utility bills 6 could be budgeted by reference to the average cost rather than the cost in the height of 7 summer. There are items such as cleaning supplies which could properly be included 8 in groceries. I accept also as Counsel for the husband suggested that arrangements can 9 be made to reduce the monthly payments in respect of the legal debt. 10 11

¶ [86] The reductions suggested below appear to be reasonable and are set out in the 12 penultimate column. 13 14 TABLE OF WIFE’S EXPENSES 15 16 Description December 2021 December 2021 March 2022 March 2022 Less Overlapping Monthly$ One-Off $ Monthly $ One-Off $ Housing 1 Gardeners 125.00 125.00 50.00 2 Pest Control 50.00 50.00 25.00 10.00 3 Air Conditioning 100.00 100.00 25.00 30.00 4 Major Repairs 15,000.00 25,000.00 5 Maintenance of home 200.00 500.00 250.00 100.00 6 Phone 105.00 159.00 7 Water 70.00 150.00 75.00 30.00 8 CUC 450.00 550.00 150.00 160.00 9 TV/Internet 105.00 105.00 42.00 10 Cleaning supplies 60.00 60.00 60.00 11 Home insurance 532.80 532.80 212.80 12 Groceries 1,000.00 1,200.00 480.00 13 Dining Out (including children) 1,000.00 1,000.00 300.00 280.00 14 Car insurance 200.00 150.00 75.00 30.00 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 FAM0287/2018 Page 30 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 31 of 50 15 Car maintenance/licensing 100.00 100.00 40.00 16 Dog (food,vet) 60.00 17 Car insurance 200.00 18 Gas 250.00 250.00 100.00 Car Loan 1,500.00 (600.00) Personal 19 Health Insurance 302.00 302.00 20 Pension 450.00 450.00 21 Work lunch 400.00 400.00 22 Clothing/shoes 100.00 150.00 23 Hair/Nails 200.00 250.00 24 Medical/Dental 100.00 100.00 25 Medical Prescriptions 20.00 50.00 26 Vacation (incl. visit family) 450.00 450.00 250.00 27 Dry cleaning 150.00 150.00 50.00 Children 28 Lunch money 80.00 80.00 80.00 IT Chromebook 250.00 250.00 250.00 29 Clothes/shoes/toiletries etc. 200.00 300.00 100.00 200.00 Uniforms 35.65 35.65 35.65 30 Toys/gifts (incl for parties) 250.00 250.00 50.00 200.00 31 Nanny 1,200.00 32 Nanny Insurance 198.00 33 Uninsured Health 50.00 50.00 50.00 34 Vacation (include visit family) 583.00 583.00 383.00 200.00 35 Legal (including judgment debt) 40,000.00 2,200.00 700.00 36 Parenting Coordinator 400.00 Total CI$ 9,740.80 55,000.00 12,582.45 2743.00 2340.45 Total US$ 11,879.03 67,073.17 15,344.45 25,000.00 3,265.47 2786.25 1 2 3 4 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 FAM0287/2018 Page 31 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 32 of 50 1

¶ [87] With the suggested reductions, the budget of the wife is estimated to be about 2 CI$9,839.00 or US$12,079.00. Of this amount, the sum of $1,500.00 relates to legal 3 debts. 4 5

¶ [88] Counsel for the husband has helpfully provided a Scott’s schedule which shows the 6 overlapping expenses for the children. At the calculation rate of 25% it is suggested 7 that including direct children’s expenses at full cost this amounts to US$2,044.00. I 8 would have thought that the overlapping calculation rate should be higher and closer to 9 40% given that there are not one but two children and that they reside with the wife for 10 two weeks out of every month. Excluding an overlapping calculation for the loan to 11 purchase the new car, which was not due to start until August 2022, the figure arrived 12 at which is shown in the last column above is US$2,786.25. This does not include 13 apportionment for one off costs from which the children will benefit such as the repairs 14 to the air conditioning, fencing and the patio roof. 15 16 INCOME AND EXPENSES OF THE HUSBAND 17

¶ [89] The husband gives his income as US$300,000.00 per annum and from the directorship 18 mentioned, he receives CAD $40,000.00 per annum in quarterly payments. In cross- 19 examination he said that in addition to his salary he also receives an annual 20 discretionary bonus of US$10,000.00. He said that the directorship fees that he receives 21 are assigned to his brother to cover a loan that he is repaying and has not yet discharged. 22 23 24 25 26 27 28 29 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 FAM0287/2018 Page 32 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 33 of 50 1

¶ [90] As to his expenses the husband testified that the evidence in his January Affidavit 2 remains true and accurate to the best of his knowledge except that the schedule of his 3 monthly expenses has changed slightly. This is because he has taken out a $100,000.00 4 loan and consolidated the mortgage, credit card and another debt in respect of legal 5 expenses overseas. The legal expenses relate to an issue with one of the family trusts. 6 He said that the wife intervened in this and provided confidential documents to his and 7 8 the children’s detriment. The first three expense items have been consolidated and 9 replaced with a payment of US$1,400.00 per month. Other than this change, his 10 expenses are the same and he continues to drive a ten-year old car. 11 12

¶ [91] He said that he has continued to pay full child support and all the major expenses for 13 the children. He says that he has been meeting their needs without issue since 2019. He 14 paid for school fees of about US$40,000.00, and all expenses for extra-curricular 15 activities for three terms in an amount of about $6,000.00. This will change depending 16 on the activities being done during a particular school term. He also pays upfront for 17 counselling and all their health and dental, expenses. He has not been reimbursed for 18 these by the Trust. In cross-examination he said that he is re-imbursed about 19 $15,000.00 for school fees from the Trust when he does get something back. He said 20 that in addition there were extraordinary expenses which he has had to cover. One child 21 required expensive surgery because of an abscess in a tooth and had to have two teeth 22 removed. Both children are attending counselling which he pays for. He said that the 23 wife had initially agreed to take them to this so that this responsibility was shared but 24 she has since refused to do so. 25 26 27 28 29 30 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 FAM0287/2018 Page 33 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 34 of 50 1

¶ [92] In cross-examination he agreed that he had included spousal support of $3,200.00 even 2 though he had stopped paying it in July 2021. He showed his estimated monthly 3 outgoings, as US$30,351.00. It was put to him that he listed the children’s expenses as 4 being something he has to pay and makes no account for distributions that are received 5 on their behalf under the Trust that goes towards those school expenses. He agreed 6 that he had double counted the child support payment at the bottom of page 12 of the 7 hearing bundle in respect of his budget. 8 9 10

¶ [93] He accepted that the wife earned considerably less than he does but said that his 11 expenses are high and that she has significantly more than he does at the end of each 12 month. As to the distribution by the FACO, he said that he did keep his pension which 13 was higher than hers because she had not been working for some time. 14 15

¶ [94] His monthly income and expenses are shown below. I have included the sum of 16 $10,000.00 which he says that he receives annually as a bonus on a discretionary basis. 17 18 Salary US $ 25,000.00 Directors Fees 2,667.00 Paid quarterly Annual Bonus 833.33 Total 28,500.33 19 20 21 22 23 24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 FAM0287/2018 Page 34 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 35 of 50 TABLE OF HUSBAND’S EXPENSES 1

¶ [95] The husband’s budget as the hearing date is set out below:- 2 3 Expense Monthly Cost CI$ Annual Items CI $ Notes Home Expenses Rent 4,550.00 CUC 478.00 Water 159.00 Internet/Netflix 119.00 Children Expenses E.F. School 1,527.13 18,325.60 G.H. School 1,173.52 154,082.20 Extracurriculars 886.00 2,658 Winter. This is one term only. 2022 winter ASAs = CI$1,768 – gymnastics CI$890 - school Camps (Summer)* *Camps and Extracurriculars calculated at CI$1,200 per month in total below 1,700.00 3,400 Summer 2021 Summer = CI$2,500 for first month CI$902.44 for second month Children only did 6 weeks of camp summer Health/Dental/Optical As needed Toiletries/Prescriptions/Uninsured Health Care 50.00 Books, Learning Materials, Games, Toys 250.00 School Uniforms 25.00 Clothes and Shoes 200.00 Entertainment/Misc. 300.00 E.F. Phone 30.00 Counsellor 800.00.00 ($200 each session – bi-weekly sessions for both children Helper (pay, gas, and insurance) 1,400/100/225.88 = 1,725.88 Some additional weeks Life Insurance 422.30 5,067.60 Personal Expenses FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 FAM0287/2018 Page 35 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 36 of 50 1 2 3 4 5 Work/clothes/shoes/etc. 237.61 2851.30 Lunches 400.00 Misc. (dry-cleaning, work related items, personal supplies, pet supplies, gardening supplies, etc..) 300.00 Clothes/Entertainment/dining out 500.00 Martial Arts/Gym 275.00 $225 Performance Lab $50 Gym Personal Counselling 900.00 Food/supplies 1,250.00 Vehicles Vehicles maintenance/licensing 378.56 2,679.83 – Vehicle 1 1,862.91 – Vehicle 2 Vehicle 1 insurance 62.50 750.00 – Vehicle 1 Vehicle 2 insurance 35.42 425.00 – Vehicle 2 Gas 200.00 Debt Mortgage – monthly 1,312.00 US$1,600 Loan – monthly 902.00 US$1,100 Credit Card 990.22 US$14,491.01 CI$11,882.63 Consolidated debt 1,400.00 Personal Loan 6,048.79 CDN$113,563 CI$72,585.47 Not included by husband in total below as director fees are being used to pay this Legal costs 2,083.33 CI$25k+ Over CI$100k spent to date Overseas legal costs See letter See letter Not included in total below – additional loan needed to pay this. Total Expenses CI$25,588.47 Total in US US $30,462.46 Payment Child Support 2,952.00 US$3,600.00 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 FAM0287/2018 Page 36 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 37 of 50 1

¶ [96] Excluding income from directors’ fees which are put towards repayment of his overseas 2 debt, his income is US$25,833.00 per month. His expenses not including maintenance 3 payments amount to US$30,462.46 per month. The husband’s rental costs have increased 4 by $1,000.00 as at November 2022 and mortgage payments are likely to increase. His 5 expenses are thus likely to be higher. 6 7 DISCUSSION 8

¶ [97] In summary, reviewing each of the relevant factors in turn, the first consideration is the 9 welfare of the two children of the marriage. Their needs require that they have adequate 10 housing to be provided by both parties given the shared residence order, educational 11 and related needs, and general maintenance. 12 13

¶ [98] The relative income position of the parties is that the wife was earning about 40%14 of 14 what the husband earns. Counsel on behalf of the husband submits that the wife’s 15 income though less is to be considered against the background that she has no mortgage 16 or rental costs in contrast to the husband. 17 18

¶ [99] In so far as the financial needs, obligations and responsibilities of the husband are 19 concerned, he has rental and mortgage expenses which have increased or will increase 20 in the future. He must maintain his new household to include housing and providing 21 for the children for two weeks per month. He has several debts. His expenses appear to 22 be more than his income, however as noted above I have found that he does have access 23 to additional funds under the Trust and of significance, he has been able to meet the 24 maintenance payments for the past three years. 25 26

¶ [100] The wife has a home free and clear of a mortgage. This is clearly suitable to the needs 27 of the children and to her needs. This forms the bulk of her capital assets. Her savings 28 29 14 40.6% FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 FAM0287/2018 Page 37 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 38 of 50 1 and contingency funds are limited. The capacity to build on this does not appear to be 2 extensive. Savings will likely dwindle in the face of contingencies. 3 4

¶ [101] The family enjoyed a high standard of living in part funded by the wife’s parents. The 5 wife is accustomed to travelling on holidays without regard to economy. 6 7

¶ [102] Both parties are in their mid-years. This was a marriage of some twelve years. It was a 8 lengthy marriage. The wife cared for the children and worked intermittently from the 9 home while the husband continued in his successful career. Such were his earnings that 10 the family was able to live mainly on them for a considerable period of time. No doubt 11 the husband was able to devote time to his work in part because the wife was then the 12 primary carer for the children. 13 14

¶ [103] There is no indication that there are health issues which may affect their earning 15 potential. The wife has had difficulty obtaining long term employment and contends 16 that her recent redundancy is in part due to the stress of the continuing issues between 17 them. The husband denies any responsibility for this and each blames the other for 18 communication issues. 19 20

¶ [104] Each party has contributed to the welfare of the family and are likely to continue to do 21 so for the foreseeable future. The husband has been the main financial provider and 22 ensures that the major expenses of the children are paid. The wife has cared for the 23 children in the home. It was evident in the course of the hearing that both parties deeply 24 love the children and wish the best for them. 25 26

¶ [105] There are no conduct issues which rise to the level such that it would be inequitable to 27 disregard it. 28 29

¶ [106] In the context of these circumstances, the first issue is whether there should be a 30 variation in spousal maintenance and if so in what sum. Counsel for the husband points 31 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 FAM0287/2018 Page 38 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 39 of 50 to the wife’s ability to meet major repair expenses, to accumulate savings of 1 $40,000.00, to purchase first class and business class air fares of about $10,000.00 over 2 the summer and to purchase a new luxury vehicle. Counsel submits that all these factors 3 indicate that the wife has successfully transitioned to financial independence and that 4 it is just and reasonable that spousal maintenance should cease. 5 6

¶ [107] As to any compensatory element of the spousal maintenance award, Counsel submits 7 that the terms of the FACO suggest otherwise. It was meant to be no more than a stop 8 gap until the wife secured employment. The wife has already been well compensated 9 in a capital sense on the divorce. She has only one large debt which is outstanding 10 which is legal fees. This is an amount which could be paid off by her from her savings 11 if she chose to do so. While the wife was firm in her view that the fact that the 12 employment was initially on probation meant that spousal maintenance should have 13 continued until the employment was permanent, Counsel for the husband submitted 14 that the FACO provided for “any changes in her employment circumstances”. It did 15 not refer to permanent employment. 16 17

¶ [108] I accept the submissions of Counsel for the husband in part. The difficulty that I have 18 in accepting the position put forward by the wife is that she was earning income at a 19 substantial level during this period, probation or not. While I do understand the concern 20 as to the uncertainty about the future, she received monthly income consistently for 21 over a year. 22 23

¶ [109] Counsel on behalf of the wife submitted in response to the submissions made on behalf 24 of the husband that the order for spousal maintenance must have included an element 25 of compensation. While it is correct said Counsel that the husband received a net lower 26 amount in division of assets than the wife ($845,000.00 less the value of the outstanding 27 mortgage of $220,000.00), he also received his pension entitlement which he agreed in 28 evidence would have been substantially more than the wife’s. Counsel also submitted 29 that there is no evidence that the wife has a trust fund of her own, the level of her 30 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 FAM0287/2018 Page 39 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 40 of 50 estimated monthly expenses must be viewed in the context of inflation and the fact that 1 the costs of all items are increasing. 2 3

¶ [110] I have considered all the evidence and submissions with respect to spousal 4 maintenance. I accept that it is fair and reasonable that spousal maintenance be 5 reviewed given the change in employment circumstances of the wife. The husband 6 refers to the budget of the wife and urges that from June 2021 she was able to meet her 7 expenses with only a small shortfall. He thus says that spousal maintenance should 8 cease as from that date. 9 10

¶ [111] Given my conclusion above that this is a case of relationship disadvantage, it is also 11 my view that an element of compensation is necessary and that the needs of the wife 12 must be generously interpreted. The assets available for sharing were limited and it is 13 evident that the husband did his best and made every effort to be as fair as is possible 14 to the wife. He is to be commended for this. However, ten years out of the regular or 15 mainstream work force is a significant setback. The husband has reached the level of 16 a partner. The wife has not. They are in the same profession. In my view, it is difficult 17 to accept the proposition that there was adequate compensation by the terms of the 18 FACO. This is not a case where large sums were available for distribution. 19 20

¶ [112] Additionally, the husband has accepted that his pension funds were higher than the 21 wife’s at the time of the FACO and understandably so. Of note also is that once the 22 wife commenced employment, instead of being able to build her savings, she was faced 23 with multiple house and property repairs which were needed following the passing of 24 Tropical Storm Grace and from general maintenance required to the FMH. While she 25 has been able to build some savings this would not have been at the anticipated level 26 due to this spending. 27 28

¶ [113] In the cited case of VB v. JP, Sir Mark Potter, President of the Family Division stated: 29 “Lord Nicholls has made clear, not only that there is nothing in the statutory ancillary 30 relief provisions to suggest that periodical payments ordered should be limited to 31 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 FAM0287/2018 Page 40 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 41 of 50 1 payments needed for maintenance (see paragraph 38 above), but also that 'needs' or 2 'reasonable requirements' are no longer a determinative or limiting factor in the search 3 for fairness. Baroness Hale has also made clear (see paragraph 40 above) that a wife's 4 budget may properly contain a margin for savings and contingencies, quite apart from 5 questions of compensation.”15 6 7

¶ [114] The learned Judge approached the matter having regard to the element of relationship 8 -generated disadvantage by taking a generous approach to the wife’s needs and 9 declining to calculate or quantify a specific premium above needs. Having considered 10 all the circumstances of the instant case and the submissions made, I consider that it is 11 appropriate that spousal maintenance by way of periodical payments continue for a 12 period of six months (June to November 2021), following the commencement of the 13 wife’s employment. This would amount to $19,200.00 and would provide the wife with 14 an amount for savings and contingencies and go some very small way towards the 15 compensatory element identified above. I accept that beyond this, it is just and 16 reasonable that spousal maintenance should cease. 17 18

¶ [115] With respect to child maintenance, Counsel for the husband relies on the case of AL v. 19 NL16 in which Williams J. stated: 20 21 “It is important, and worth repeating, that the Court must have in mind that, 22 although the father has a much greater income and income capacity than the 23 mother, he has been paying and will continue to pay the substantial expenses that 24 are required to meet the majority of the wider needs of the children. It is also right 25 to have in mind that the mother also has a duty to arrange her finances in such a 26 way so that she also financially contributes to the meeting of the children’s needs.” 27 28

¶ [116] It is submitted by Counsel for the husband that the trust benefits from the husband’s 29 family are largely irrelevant to the issues requiring determination because there has 30 been no material change in circumstances in relation to this. The existence of these 31 benefits has been known by both parties since 2011 and in particular at the time of the 32 15 Paragraph 81 16 Grand Court, unreported 21st February 2020 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 FAM0287/2018 Page 41 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 42 of 50 1 FACO. The husband has and continues to assume responsibility for the expenses of 2 the children. Further, the benefits are discretionary in nature and cannot be relied on as 3 regular income. Counsel also notes that fifty percent of these benefits are to be invested 4 on behalf of the children. 5 6

¶ [117] Counsel submitted that even if the Court were to consider that the husband has a higher 7 income because of trust benefits, a comparative schedule of the expenses of both shows 8 that the expenses of the husband are significantly higher and any disparity between the 9 two is grossly overstated. Counsel provides a schedule of the two budgets and suggests 10 that there is no actual need or shortfall in the wife’s budget such as to merit any 11 maintenance orders at all. Counsel reminded the Court of the accepted general principle 12 with respect to child maintenance. It is meant to be for the children and not for the 13 benefit of the custodial party. 14 15

¶ [118] The submissions of Counsel for the husband are accepted in part. The husband suggests 16 that the wife has what is now a million-dollar property and less debt, but he too has a 17 significant property in his ownership of development land. He points to his high 18 mortgage and rental costs which the wife does not have and says that his expenses are 19 higher than hers and his disposable income less. There is evidence of a pattern of 20 receipt of Trust funds over the years of marriage. I think the wife is right to point out 21 that although the husband says that he bears the majors costs for the children and should 22 therefore contribute much less to their maintenance, there is every indication that he is 23 subsequently reimbursed for some part of these costs by an independent source. He has 24 made the choice to invest all funds received on their behalf and not to use one half for 25 their ongoing expenses. This is commendable but it does mean that he cannot say that 26 these funds do not exist. They are at least available as a contingency. 27 28

¶ [119] By my calculations the combined income of the parties is $39,750.00 per month of 29 which the wife earns 28%. Her monthly income was about 40% of his. Both parents 30 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 FAM0287/2018 Page 42 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 43 of 50 1 have the responsibility to contribute towards the maintenance of the children in line 2 with their ability to do so. In accordance with generally accepted principles, it is fair 3 and reasonable that given the disparity in parental income that the husband, the higher 4 wage earner should contribute more towards the maintenance for the children. I do not 5 accept as the husband suggests that this means that the wife would be profiting by 6 ongoing child maintenance. I have considered the suggestion of Counsel for the wife 7 that any variation in child maintenance should be limited to the proportionate income 8 and be in the range of about 25%. However, this is not a case where the children reside 9 entirely with one party. In my view it is proper to consider that while some educational 10 expenses may be reimbursed at a later date and some additional funds are received, the 11 husband does have his own child maintenance costs for two weeks of each month. 12 There should be some upward adjustment for this. I consider that it is fair and 13 reasonable that during the period of employment of the wife that the child maintenance 14 be varied by one third from US$3,600.00 per month to US$2,400.00 per month. This 15 would be $1,200.00 per month per child. This would amount to about nine percent of 16 the husband’s salary and represents a fair proportion of his available income. 17 Significantly this is his salary calculated as including only the bonus payment and not 18 including directors’ fees which go towards his overseas debt and excluding the Trust 19 payment which he denies receiving on a regular basis. 20 21

¶ [120] At the end of July 2022, the wife’s position was made redundant. She received three 22 months’ salary by way of severance payment on the 7th September 2022, 23 (US$37,000.00). This includes for the three months’ notice period to December 2022. 24 The husband has agreed to meet all the major expenses for the children and to continue 25 to pay the sum of US$3,600.00 per month by way of child maintenance starting after 26 the expiry of the three-month notice period. I record my concern about what may likely 27 be the dwindling resources of the wife in the absence of any spousal payments and the 28 possible impact upon the children of decreasing resources while the wife searches for 29 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 FAM0287/2018 Page 43 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 44 of 50 alternative employment. In the past securing employment took some considerable time. 1 It is thus hoped that savings will be carefully conserved. 2 3

¶ [121] With respect to the wife’s future employment, orders are sought for the production of 4 any new employment contract and disclosure of her savings and income sources. I 5 accept that early disclosure of this may shorten matters considerably in the future. 6 7 APPLICATION FOR PROTECTION ORDER 8 9

¶ [122] The Order of 5th May 2021 in part prohibited the wife from:- 10 “Intimidating, harassing, pestering, annoying or otherwise engaging or 11 threatening to engage in conduct which would constitute domestic violence towards 12 the Petitioner. For the avoidance of doubt, this includes but is not limited to being 13 prohibited from contacting the Petitioner’s employer, defaming the Petitioner 14 and/or using the Petitioner’s family, helper or other third parties to engage in the 15 aforementioned conduct. 16 17 Communicating with the Petitioner by any means either directly or indirectly save 18 in relation to the children of the marriage and financial arrangements; 19 20 Approaching or coming within 150 feet of the Petitioner save for the purposes of 21 attending events for or picking–up and dropping off of the children of the 22 marriage.” 23 24

¶ [123] The husband refers to the continuation of threatening, and harassing communication 25 from the wife and seeks the restoration of the Order. He has exhibited some 26 correspondence to his January Affidavit. Some of these date back to 2019. It is fair to 27 say that from the husbands’ perspective, these contain threats by the wife to jeopardize 28 his employment which are still deeply emotionally disturbing to him. He says that over 29 the years some twenty cease-and-desist letters have been sent to the wife. Twice he 30 took two of the letters to the Police to make a complaint. This resulted in the arrest of 31 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 FAM0287/2018 Page 44 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 45 of 50 the wife. He has sought protection orders three times previously. This is the fourth 1 time that he is making such an application. 2 3

¶ [124] For the purpose of this application, I think it right to focus on the more recent material. 4 I do this bearing in mind the evidence of the wife, that she has changed and much of 5 this is now behind her. In the course of this hearing, she offered an undertaking for a 6 three-month period in lieu of a protection order. 7 8

¶ [125] The husband’s evidence is that there have been further incidents since April 2021. 9 Some emails were sent in October 2021 by the wife to the Trustees. At that time the 10 Protection Order was still in place. There was a cease-and-desist letter sent following 11 the emails. The documentary evidence is that in response to a letter dated 16th October 12 2021 alleging harassing behavior, the wife’s attorney responded on 18th October 2021 13 with an undertaking that the wife would refrain from breaching the terms of the Order. 14 Nevertheless, by the 25th October 2021, further communication had been sent by the 15 wife which was described as harassing. On the 26th October 2021, her attorney wrote:- 16 17 “ …my client voluntarily told me what she had done and had expressed her 18 remorse. She said that she had addressed same with her counsellor and 19 apologised to your client.” 20 21 22

¶ [126] On the 4th December 2021, the wife sent a message to the husband. It stated in part: 23 “ Pls have kids call me tomo they didn’t tonight – went out tonight as I can – stayed 24 hidden as usual as I need to keep my rep and as I care about my image and who I 25 am and what I am – the people at your [place of work] though holy S... 26 out.of.control. – you are a Partner and I would not want to see that s... under my 27 name – never! Pure embarrassment and you are a Partner to them – just saying I 28 mean it was just – I couldn’t even watch, I mean I don’t refrain because I have to 29 but because I have a certain degree of class and it matters, because I value myself 30 - as a Partner I think you should value the image your employees represent.” 31 32 33 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 FAM0287/2018 Page 45 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 46 of 50

¶ [127] The husband also states that on the 16th March 2022, there was a further email 1 communication sent by the wife to the Trustees. He became aware of it when the 2 Trustees wrote to tell him about it. He says that it is not true that things have vastly 3 improved from before in terms of her conduct. The day before this hearing began, his 4 brother who is overseas was signed up to receive emails from the Judicial.ky web site. 5 He assumes that this was done by the wife. 6 7 8

¶ [128] In cross-examination of the husband, it was suggested to him that the email 9 communication with the Trustees in March of 2022 is not abusive or harassing, that the 10 wife was doing no more than asking for information about the children’s entitlements. 11 This was an entirely reasonable and proportionate request for information which she is 12 entitled to make. 13 14

¶ [129] The correspondence to the Trustees included the following at the fourth to last 15 paragraph: 16 “The Court wants disclosure, want to know, are you paying these 17 distributions. How much are my children entitled to. Has there ever been 18 any discrimination. Why is he claiming our children’s allowances as 19 income? Is he even asking for reimbursements or basically the …. from the 20 trust from what the Trust is entitled to give. It’s not his personal assets. 21 These are my children’s income and entitlement”. 22 23

¶ [130] The wife denied sending any harassing email to the Trustees. She said that she did not 24 threaten anything. She was told to ask for information which she did. 25 26

¶ [131] In cross-examination the husband was also asked about concerns which he had 27 expressed about an article in which comments from the wife were featured. He agreed 28 that he had not been mentioned at all in the article but explained that he responded 29 because he feared that the wife would have made further statements and referred to 30 him. 31 32 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 FAM0287/2018 Page 46 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 47 of 50

¶ [132] The husband stated that this harassing behavior has impacted him personally. He has 1 anxiety issues, and it affects his sleep. The wife made serious unfounded allegation 2 against him relative to abusing the children which have been disproved, but his 3 relationships with friends have suffered and people continue to look askance at him. 4 He says that his name is tarnished throughout the community. This is something that 5 he has to live with for the rest of his life. His further evidence is in part that he has 6 reasonable cause to believe that the wife makes efforts to speak in person to his work 7 colleagues about him. 8 9

¶ [133] With respect to the application for a protection order, Counsel for the wife submitted that 10 the wife has accepted a number of orders previously and that the historic behavior was 11 inappropriate. It is accepted that the October 2021 emails were inappropriate in tone and 12 number. Counsel said that here has been a marked reduction if not cessation in harassing 13 conduct. The communications relied on include the wife seeking information to which she 14 is entitled. Counsel said also that the wife’s behavior does not exist in a vacuum and that 15 the husband has exhibited a tendency to absolutist thinking. 16 17

¶ [134] Had the evidence remained as it was in May 2022, I would have been less inclined to 18 conclude that a further order is necessary. Instead, it is fair to say that almost every month 19 through to November 2022, there have been emails from the wife which appear to fall 20 within the terms of the Act. In his October 2022 Affidavit, the husband produced emails 21 dated June and September 2022. In a number of these the wife used unpleasant language 22 in relation to the children and the helper. Some of these implicitly blame the husband for 23 the children’s behavior. The husband stated that in June 2022 the wife complained about 24 him to the police in relation to child safety concerns. This was a false complaint. In July 25 2022 the wife complained about him to the Immigration department. This was about only 26 having two rather than the three passports for the children. This says the husband was 27 unwarranted given that the two passports which she had, record the children’s rights of 28 residence in the Cayman Islands. 29 30 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 FAM0287/2018 Page 47 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 48 of 50 1

¶ [135] One of the September emails is as follows:- 2 3 Saturday, 3 September 2022 at 12:09am 4 5 “There are a couple of kids that [EF] wants whose parents wont do destination 6 imagination with [EF] who your nanny hangs out with their nannies and as a result 7 they are silent – only them who are hesitating and their parents have confirmed – 8 only any idiot can deduct hat – in the nicest way tell her to shut the f... up and 9 control her urge to gossip-as it effects the kids and I have heard this through 10 parents and nannies that she is gossip central, control that, how does it help the 11 kids. The last nanny I had said she talks so much s... about everyone and the kids 12 and she needs to shut the f... up or get rid of her.” 13 14

¶ [136] In her October Affidavit, the wife explains that emails sent on the 3rd and 4th September 15 2022 were in an attempt to protect her children from the hurtful exclusion from certain 16 households. She accepts that her language was not ladylike but says that no harassment 17 was intended. 18 19

¶ [137] In October and November 2022, the husband complained about receiving further 20 correspondence of a harassing nature. One in October17 refers to what is said to be 21 certain personal inadequacies of the husband and contrasts his inadequacies to her own 22 adequacies. 23 24

¶ [138] I am satisfied that despite the best intentions of the wife communications continue to 25 be sent by her which caused or are intended to cause emotional or psychological abuse 26 to the husband. These are communications which are intended to harass or undermine 27 his emotional or mental wellbeing. Having had the opportunity to observe him as he 28 gave evidence and to read and hear his responses, I am satisfied that he is deeply 29 emotionally adversely affected by continued communication of this nature. Given the 30 conduct of the wife in respect of the false allegations leveled against the husband briefly 31 referenced above and the communications sent by her in 2019, 2020 continuing into 32 17 17th October 2022 at 8:49pm FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 FAM0287/2018 Page 48 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 49 of 50 2021 and 2022, I am satisfied under both limbs of s.5 of the Act. This is as to the 1 commission of acts of domestic violence, that such acts are likely to be repeated and 2 that having regard to all the circumstances, an order is necessary for the protection of 3 the husband. Consequently, a further protection order is made as in previous terms for 4 a further period of one year from the date of this judgment. 5 6 CONCLUSIONS 7

¶ [139] The conclusions are thus as follows:- 8 9 i) Paragraph 13 of the FACO is varied such that spousal maintenance is to be 10 paid for a period of six months following the commencement of 11 employment by the wife, June to November 2021 and thereafter to cease. 12 13 ii) Child Maintenance is varied during the period June to December 2022 from 14 $3,600.00 to $2,400.00 returning to the level of $3,600.00 per month 15 thereafter and continuing until varied by agreement of the parties or further 16 order of the Court. 17 18 iii) Within 30 days of the wife securing further employment, she is to provide 19 to the husband through his Counsel a copy of her employment contract 20 evidencing her level of income. The parties are to seek to agree a 21 proportionate variation in child maintenance. 22 23 iv) A protection order is made under s.5 of the Protection from Domestic 24 Violence Act for a period of one year form the date of this judgment. 25 26 v) Each party has liberty to apply. 27 28 29 30 31 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 FAM0287/2018 Page 49 of 50 2023-01-24 230124 - FAM 287 of 2018: AB v.CD. Coram: Richards J. K.C. - Judgment. Page 50 of 50 1

¶ [140] Should the parties wish to make an application for costs, they may do so within 14 days of 2 the date of the perfected judgment. 3 4 Dated this the 24th day of January 2023 5 6 Honourable Justice Cheryll Richards K.C. 7 Judge of the Grand Court 8 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24 FAM0287/2018 Page 50 of 50 2023-01-24