Harris v Harris [2001] 1 FCR 68 – Law Journals

Variation: Looking at all the options

Antonia Barker provides a guide to key considerations on an application to vary periodical payments as a result of a change in circumstances Thought should be given to the likely duration of any reduction in income, as over the course of the pandemic some industries have suffered long-term damage while for others it is clear …

Continue reading "Variation: Looking at all the options"

This post is only available to members.

Pensions: Balancing fairness

Kathryn Mason reviews the approach to pension assets accrued prior to marriage, including the significance of needs ‘Pension contributions made prior to the marriage fall into the category of assets that have not been “the financial product of or generated by the endeavours during the marriage”.’ This article considers the courts’ treatment of pre-marital pension …

Continue reading "Pensions: Balancing fairness"

This post is only available to members.

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 …

Continue reading "Periodical Payments: Perfectly imperfect"

This post is only available to members.

Lump Sum Orders: Dual purpose

In the first of a two-part back-to-basics guide Jane Booth explores the types of lump sum order that may be made, together with drafting tips and practice points ‘The distinction between multiple lump sum payments and a single sum payable by instalments is relevant if the need for variation arises.’ On divorce, dissolution, nullity or …

Continue reading "Lump Sum Orders: Dual purpose"

This post is only available to members.

Capitalised Maintenance: Last orders?

Huw Miles looks at the finality of orders and why and how financial orders may be varied ‘Grocholewska-Mullins is an example of a living and variable order going through varying states of health, with a judge attempting to use the resources now available to achieve a belated clean break.’ When a court makes a financial …

Continue reading "Capitalised Maintenance: Last orders?"

This post is only available to members.