Financial provision: Few and far between

Andrew Smith argues that, despite appearances, compensation awards arising from a relationship-generated disadvantage are unlikely to be commonplace following RC v JC The wife’s health had a significant bearing on her earning capacity for the foreseeable future, to the extent that Moor J would not ascribe her an earning capacity. In RC v JC [2020], …
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Pensions: Lessons to be learnt

Andrew Smith highlights the first reported decision in which the Pension Advisory Group report has impacted on the approach of the court to pension assets ‘In the first reported case to feature specific reference to the PAG report, the judge drew heavily on the opinions within that report, stating that it should “be treated as …
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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 a …
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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 will …
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Financial Provision: Fair shares?

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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Financial Provision: Future proofing

Camilla Thornton outlines the courts’ approach to income such as bonuses and how this may be reflected in an order for periodical payments ‘The inherent uncertainty of bonus payments provides, in part, the reason why the setting of a cap is essential in order to avoid the unintentional unfairness which may arise as a consequence …
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Periodical Payments: Defining need

Claire Reid considers the varying approach of the courts in assessing periodical payments ‘Charles J stated that the core principle was an application of needs, assessed by reference to the standard of living the parties had enjoyed during the marriage.’ While s3 of the Matrimonial Causes Act 1973 (MCA 1973) grants the power to order …
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Financial Provision: Fair shares

In the conclusion to a two-part analysis Huw Miles looks at the courts’ approach to compensation ‘The court must take care not to create a set of rigid stepping stones or apply a formulaic approach that is not set out in the statute.’ Part one: ‘Love, honour and compensate’ In this article we will consider …
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