Periodical payments: Unclear path

Suzanne Todd and Sarfraz Ali study the recent approach of the English and Italian judiciary to societal changes ‘While the tide may be turning, recent decisions in England and in Italy have not, as some may have hoped, sounded the death knell for joint lives maintenance orders.’ Scan any family law report, article or other …
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Periodical Payments: Future proofing

Fiona Wood summarises the courts’ approach to periodical payments orders and the limited circumstances in which a stepped order will be appropriate ‘The decision in Aburn illustrates the difficulties that arise when trying to predict what will happen in the future.’ In Aburn v Aburn [2016], a smaller money case where a stepped periodical payments …
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Scotland: A different way

Philippa Cunniff contrasts the approach of the courts in Scotland to spousal maintenance to that of England and Wales ‘The Scottish courts have generally adopted a cautious approach to awards of periodical allowance, with the result that Scotland has gained a reputation for its lack of generosity towards the economically weaker spouse.’There is a general …
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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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