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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Financial provision: Towards a clean break

Camilla Thornton considers the approach to earning capacity and the application of the sharing principle post-Waggott ‘The sharing of an income stream is unprincipled and periodical payments should only be ordered to meet needs and rarely compensation.’ O’Dwyer v O’Dwyer [2019] is the first reported case to specifically apply the principles laid out by the …
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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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Financial provision: Sharing the burden

Charles Eastwood discusses when it may be fair for a party to use capital awarded following the application of the sharing principle to generate income ‘The court will always need to look at all the relevant circumstances of each case when deciding whether and how a party should fairly be using their free capital to …
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In practice: Conflicting views

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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