K v K (Periodical Payment: Cohabitation) [2005] EWHC 2886 (Fam)

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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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 …

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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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