Read the full judgment text of FCMC 000817/1976 on BabelCite. This Family Court judgment before Mr. Registrar Barnett.
Divorce – Ancillary Relief – Maintenance Pending Suit – Earning Capacity – Wachtel v. Wachtel – The Petitioner, MARGARETA KRISTINA AGELL, applied for maintenance pending suit for herself and her three children aged 17, 13 and 10 following separation in July 1976. The Respondent, LARS CHRISTER AGELL, was employed by Volvo Company of Sweden earning a salary of $18,750 a month and was provided with a house. His employment terminated on 30th November 1976. Upon termination, he was paid $350,000 which he invested in a company formed by himself and the Co-Respondent, MARINA McCLUNG. The company raised a loan of $150,000 and rented premises. The Respondent had purchased an expensive yacht from England costing £30,000 and assigned it to the new company. He also has another boat worth $150,000. He is living rent-free in the house provided by Volvo until June 1977. The Respondent suggested the Petitioner move to cheaper accommodation to receive a $10,000 cash allowance from Volvo or work full-time. The Petitioner argued the Respondent knew his employment would terminate and should have made provision. The Court found the Respondent walked into the situation with his eyes open. The Court approached the problem on the basis that the Respondent is capable of earning $18,000 a month. Wachtel v. Wachtel lays down broad guidelines. The Court awarded $4,500 per month maintenance pending suit commencing 22nd October 1976, divided as $2,100 for the Petitioner and $800 for each child. Petitioner's costs were awarded. District Court – 1976
Legal issues: Quantum of maintenance pending suit
Outcome: Maintenance pending suit granted