Murphy v Murphy [2014] EWHC 2263 (Fam)

Conduct: Balancing the scales

Elizabeth Simos looks at issues of conduct and non-disclosure, and the impact where adverse inferences are drawn in needs cases ‘Arguments as to add-backs essentially come down to issues of conduct, namely conduct that it would, in the opinion of the court, be inequitable to disregard.’ Much to the dismay of ‘wronged’ spouses in England …

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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: 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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