Grey v Grey [2009] EWCA Civ 1424; [2010] EWHC 1055 (Fam) – Law Journals

Remarriage: Like chalk and cheese?

Antonia Barker and Kate Williams outline the differences between the impact of remarriage when compared with cohabitation on periodical payments orders and remedies available to recoup an overpayment of maintenance ‘The current compromise is to allow for cohabitation to potentially be a relevant factor, insofar as it may reduce the financial needs of the payee.’ …

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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: 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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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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Cohabitation: Time for reform?

Amy Harris looks at the Cohabitation Rights Bill and the array of provisions dealing with cohabitation for both cohabitants and spouses ‘While cohabitation is not specifically cited as a factor to be taken into consideration by the courts in relation to the Matrimonial Causes Act 1973 1973 it is clear that it is increasingly relevant …

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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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Cohabitation: Moving on

Margaret Hatwood outlines the court’s approach when a payee under a financial order cohabits ‘On a variation application, the court will look at the financial impact of any cohabitation on the needs of a payee. A cohabitant is expected to pay their way, and if a cohabitant can more than pay their way then this …

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