Periodical Payments – Page 2 – Law Journals

Periodical Payments: Finding closure

Alison Green draws practical points for practitioners on variation of periodical payments from the decision in H v H div class=”pullquote”>’It is desirable to bring the parties’ financial dependency to an end – a clean break is important financially and psychologically, not only to prevent further litigation between the parties but also to exercise the …

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Periodical Payments: Time check

In the conclusion to a two-part analysis of periodical payments, Sonny Patel discusses the courts’ approach to the duration of orders ‘Cohabitation with a new partner by the payee will not automatically terminate a joint lives maintenance order but the new partner’s means and capacity to contribute to the payee’s household should be assessed and …

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Periodical Payments: Default position?

Helen Cort examines the evolution of nominal periodical payments orders in favour of the primary carer and the potential impact of the Court of Appeal decision in Matthews v Matthews ‘The courts strive to achieve a clean break where possible because it enables the severing of financial ties thereby allowing the parties to move on …

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Periodical Payments: Risk assessment

In the conclusion to a two-part consideration, Frances Bailey and Nikki Saxton consider definitions of cohabitation and settlement and drafting options A payee must be aware that regardless of the means of their new partner, they will have no claim personally against their cohabitant for financial support The first part of this article (‘Passing the …

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Periodical Payments: Passing the buck

In the first of a two-part consideration Frances Bailey and Nikki Saxton look at the impact of cohabitation on spousal periodical payments The former spouse would be relieved of their obligation to contribute to the needs of their family (beyond child support) regardless of their wealth, the length of the marriage and whether the former …

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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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D v D WTLR(w) 2008-13

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