Periodical Payments – Law Journals

Periodical payments: Which way forward?

Andrew Smith discusses methods of enforcing periodical payment orders, the approach to arrears more than 12 months old and the potential for reform ‘Where it is known that the payee has a property, consideration should be given at an earlier stage to whether a secured periodical payments order may be more effective in the first …

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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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Periodical payments: No second bite

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: Creative accounting

Emma Doughty explores the practical challenges when negotiating periodical payments, with a particular focus on cases involving a high-earning spouse ‘Global periodical payments orders are legitimate provided there is a “substantial ingredient of spousal support”, because such orders do not challenge the jurisdiction of the CMS.’ The decision in AB v CD [2017] illustrates the …

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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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Periodical Payments: Perfectly imperfect

Che Meakins reports on the courts’ discretion when considering the parties’ circumstances as a whole, and the importance of understanding the intention behind an order ‘In Mutch, the summary recital to the consent order was a crucial fact in understanding how and why the court had made its decision in November 2012.’In Mutch v Mutch …

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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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Periodical Payments: Road to independence

Lisa Bray summarises the current case law on joint lives periodical payments orders and considers whether there is an increasing trend towards term orders ‘While the starting point is to put each party on the road to independence, the reality is that in recent years we have seen many judges showing a reluctance to make …

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Periodical Payments: Short-term solution

Camilla Thornton analyses recent decisions on maintenance and whether joint lives maintenance orders are facing extinction ‘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 of the claimant.’ There seems to have been a sea-change in recent years with …

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Periodical Payments: Seeking closure

Ellie Foster examines the impact of changed circumstances on applications for variation of periodical payments ‘It is critical to advise the payer of their ongoing vulnerability for capitalisation; it is an obvious way for the court to achieve the holy grail of a clean break.’ There is life after divorce and any ongoing financial relationship …

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