Thomas v Thomas =============== Thomas v thomas: 'judicious encouragement' ------------------------------------------ *Thomas v Thomas* \[1995\] 2 FLR 668 has often been cited as the leading authority on the issue of 'judicious encouragement' of third parties. In this case, Mr Thomas had taken steps to tie up his assets and income by providing the family home as a guarantee to meet his liabilities and receiving only small dividends from his family-run company. At first instance, the trial judge had made an order compelling the husband to meet the wife's capital needs, despite his liquidity issues as a result of the guarantee to Lloyds and made a Periodical Payments Order to the wife for the children. However, this left the husband income-deficient every month and the husband appealed the order. On appeal, the court took a robust approach and held that the husband could rely upin his family to change company policy and pay him more, meeting the deficiency of his income. Waite LJ carefully confirmed that the court will not act in direct invasion of the rights of a third party, nor will it put undue pressure for the third party to act in a way which enhances the means of a maintaining spouse - however, the court will not act in total disregard of the potential availability of wealth from sources owned or administered by others. **If you're considering or going through a divorce with complex trust assets involved, we can help. Click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini Vardags aren't cheap, but they are worth it. Steve Immediate advice was gratefully received. No hesitation in recommending Vardags. Stewart Little I would like to say working with the staff at Vardags was a great support to me at a difficult time of my life but with their support and sensitivity I was able to get through the experience with less stress and ease. If anyone... is looking for a good legal team I would recommend Vardags. They may cost a bit more but will give you good service. Brenda Hart Vardags provided excellent support to my case, which had a complicated international, cross-jurisdiction component. Within the team, Maria Fiorito was also excellent and very supportive, and was able to effectively liaise with... the Italian team of lawyers. I would recommend both Vardags and Maria Fiorito for your case. BR Brunello Rosa