Periodical payments: Unclear path

Withers LLP | Family Law Journal | November 2018 #181
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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In practice: Conflicting views

Setfords Solicitors | Family Law Journal | October 2018 #180
Chrissie Cuming Walters highlights the dichotomy of modern family law on financial provision: autonomy versus paternalism ‘The fairness of provision in any nuptial agreement entered into is likely to erode over time and potentially be subsumed by changing circumstances through the passage of time, allowing for an increased use of paternalism.’ Many practitioners would agree …

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Periodical payments: No second bite

1GC|Family | Family Law Journal | September 2018 #179
Katherine Dunseath and Joanne Wescott examine the Supreme Court decision in Mills v Mills, and the approach to variation of periodical payments subsequent to a capital order ‘Where a capital order has previously been made for housing, an obligation to duplicate that provision is “improbable”.’ In Mills v Mills [2018] the Supreme Court allowed the …

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Periodical Payments: For better, for worse

Farrer & Co | Family Law Journal | May 2017 #166
Caroline Holley examines dependence, independence and variation in the context of joint lives maintenance orders ‘It has become common practice for a financial remedy order to include a recital indicating the timeframe within which it is intended that a spouse will return to work, or a commitment by them to endeavour to maximise their earning …

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