Short Marriage: The lottery of needs

Moji Sobowale looks at the approach to short marriage cases, in particular as to needs in the context of standard of living ‘The fact that a marriage has been short will unavoidably affect the quantum of the financial fruits that the partnership has been able to produce.’Although marriage is a contract, it is not a …
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Short Marriages: Brief encounter

Joanne Green sets out the factors that will be taken into account by the court where a marriage is short, and looks to case law for the principles applied ‘Where pre-acquired non-matrimonial assets have been intermingled with matrimonial assets, the non-matrimonial element is more likely to be excluded from the assets that are to be …
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Periodical Payments: Road to independence

Lisa Bray summarises the current case law on joint lives periodical payments orders and considers whether there is an increasing trend towards term orders ‘While the starting point is to put each party on the road to independence, the reality is that in recent years we have seen many judges showing a reluctance to make …
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Periodical Payments: Short-term solution

Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant.’ There seems to have been a sea-change in recent years with …
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Periodical Payments: Time check

In the conclusion to a two-part analysis of periodical payments, Sonny Patel discusses the courts’ approach to the duration of orders ‘Cohabitation with a new partner by the payee will not automatically terminate a joint lives maintenance order but the new partner’s means and capacity to contribute to the payee’s household should be assessed and …
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Periodical Payments: Default position?

Helen Cort examines the evolution of nominal periodical payments orders in favour of the primary carer and the potential impact of the Court of Appeal decision in Matthews v Matthews ‘The courts strive to achieve a clean break where possible because it enables the severing of financial ties thereby allowing the parties to move on …
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