Maintenance: A fair adjustment?

Simkins LLP | Family Law Journal | September 2022 #216
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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Financial provision: Under the radar?

Steele Raymond | Family Law Journal | December 2021/January 2022 #209
Amy Baugh suggests that the family courts may be subverting the strict considerations applicable to costs orders when dealing with debts arising from legal costs There is no rule requiring an analysis of a needs-based award of unpaid legal fees against the principles applicable to an actual costs order and such a comparison would serve …

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Spousal maintenance: A system of Russian roulette?

Kingsley Napley LLP | Family Law Journal | July/August 2019 #188
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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