Remarriage: Like chalk and cheese?

Antonia Barker and Kate Williams outline the differences between the impact of remarriage when compared with cohabitation on periodical payments orders and remedies available to recoup an overpayment of maintenance ‘The current compromise is to allow for cohabitation to potentially be a relevant factor, insofar as it may reduce the financial needs of the payee.’ …
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Cohabitation: Doublespeak

James Carroll and Shantel Burbridge highlight the disparity in the courts’ approach to cohabitation that precedes marriage or civil partnership, and cohabitants who do not marry or enter into a civil partnership ‘Figures from the Office of National Statistics (July 2016) show that there has been an increase in those who are cohabiting but have …
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Variation: Challenging odds

Daniel Sanders considers the courts’ approach to variation applications and the limited circumstances in which such an application is likely to succeed ‘A clear and highly compelling change in circumstances must have arisen in order to justify variation of the terms of the original maintenance order, whether as to quantum or term.’ For many clients …
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Periodical Payments: Seeking closure

Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments ‘It is critical to advise the payer of their ongoing vulnerability for capitalisation; it is an obvious way for the court to achieve the holy grail of a clean break.’ There is life after divorce and any ongoing financial relationship …
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Cohabitation: Time for reform?

Amy Harris looks at the Cohabitation Rights Bill and the array of provisions dealing with cohabitation for both cohabitants and spouses ‘While cohabitation is not specifically cited as a factor to be taken into consideration by the courts in relation to the Matrimonial Causes Act 1973 1973 it is clear that it is increasingly relevant …
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Periodical Payments: Risk assessment

In the conclusion to a two-part consideration, Frances Bailey and Nikki Saxton consider definitions of cohabitation and settlement and drafting options A payee must be aware that regardless of the means of their new partner, they will have no claim personally against their cohabitant for financial support The first part of this article (‘Passing the …
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