North v North [2007] EWCA Civ 760 – Law Journals

Financial provision: Proceed with haste

Tania Derrett-Smith looks at the impact of delay on financial remedy applications ‘The Supreme Court decision in Wyatt highlights that delay in bringing an application for a financial remedy will be a major factor for the court’s consideration, and is quite likely to have an impact on the final outcome.’ Surprisingly, there are relatively few …

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Periodical payments: No second bite

Katherine Dunseath and Joanne Wescott examine the Supreme Court decision in Mills v Mills, and the approach to variation of periodical payments subsequent to a capital order ‘Where a capital order has previously been made for housing, an obligation to duplicate that provision is “improbable”.’ In Mills v Mills [2018] the Supreme Court allowed the …

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Financial provision: A helping hand

Che Meakins looks at the issue of needs in financial proceedings, and the guidance available to assist parties, practitioners and the courts ‘In the case of a financial application made at the time of separation, the court is likely to classify any identified needs as generated by the relationship more or less by default.’ Family …

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Financial Provision: Time gap

Claire Molyneux summarises the courts’ approach to delay in making a financial remedy application, and how the principles in Wyatt v Vince are being applied ‘In weighing the factors, consideration must be given to the effect on the financial affairs of the other party, prejudice to the other party and the explanation for the delay.’ …

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Financial Provision: An open door

Vanessa McMurtrie examines the lessons to be learnt from the outcome in the long-running case of Wyatt v Vince ‘Good practice means we should always be looking for, and encouraging our clients to consider, the possibility of compromise.’ If ever there was a good example of why divorcees of modest means should agree a clean-break …

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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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