SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam) – Law Journals

Maintenance: A fair adjustment?

Deborah Jeff concludes a two-part analysis of the impact of SS v NS on the approach to spousal maintenance The preference is for a term order, with a transition to financial independence as soon as possible, and only marital assets to be subject to sharing, not a marital-generated earning capacity. The first part of this …

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Maintenance: The road to independence

Deborah Jeff reflects on the approach to maintenance following the seminal decision of Mostyn J in B v S and how the principles in that case have subsequently been applied 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 …

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Financial provision: An invisible cohort?

Farhana Shahzady asks whether family lawyers are failing women who are going through the menopause The worry is that the voice of some women is being lost and the level of hardship some women are being asked to endure due to menopause in later life is far from fair, when ironically fairness is the backdrop …

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Spousal maintenance: A system of Russian roulette?

Sital Fontenelle and Elizabeth Burch consider the different approaches to spousal maintenance and whether a formula for maintenance would provide clarity ‘Duxbury is clearly still the starting point – and currently the favoured approach by judges, however there is increasing interest in exploring alternative methods.’ How much and for how long is a standard question …

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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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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 …

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Periodical Payments: For better, for worse

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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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: 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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Standard Of Living: Lifestyle factors

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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