Standard Of Living: Lifestyle factors

Hunters Law | Family Law Journal | October 2015 #150
Hazel Wright and Phoebe Sutton suggest that despite the provisions of section 25 the standard of living of the parties is becoming less relevant ‘It is hard to see future courts awarding periodical payments based on the standard of living in the great majority of marriages.’ When family lawyers of a certain generation die, they …

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Variation: Finality and fairness

Mills & Reeve | Family Law Journal | April 2015 #145
Ed Heaton examines recent developments regarding applications to vary periodical payments and the potential impact of pension reform ‘Any ongoing payments should only be made for such period as the court considers sufficient for the recipient to “adjust without undue hardship to the termination of those payments”.’ The continuing, steady trickle of reported cases relating …

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Financial Provision: Fair shares?

Withers LLP | Family Law Journal | February 2015 #143
Michael Gouriet and Natalie O’Shea consider the validity of the compensation argument in financial remedy proceedings ‘Do family lawyers need to quantify a client’s potential claims on an “either/or” basis (loss-related and needs-related) so as to be prepared to run the case either way?’ The Court of Appeal judgment in H v H [2014] confirms …

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Periodical Payments: Finding closure

Mackrell Turner Garrett | Family Law Journal | July/August 2014 #138
Alison Green draws practical points for practitioners on variation of periodical payments from the decision in H v H div class=”pullquote”>’It is desirable to bring the parties’ financial dependency to an end – a clean break is important financially and psychologically, not only to prevent further litigation between the parties but also to exercise the …

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