Category: periodical payments

Hadkinson Orders: the Need to Show Restraint – Financial Remedies Journal

Posted May 2nd, 2024 in contempt of court, family courts, financial provision, news, periodical payments by sally

‘This article addresses ‘Hadkinson’ orders (Hadkinson v Hadkinson [1952] All ER 567), in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability, namely:
– Williams v Williams [2023] EWHC 3098 (Fam) – Moor J
– WX v HX [2023] EWFC 279 – Recorder Day
– L v O [2024] EWFC 6 – Cobb J
– Re Z (No 5) (Enforcement) [2024] EWFC 44 – Cobb J’

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Financial Remedies Journal, 17th April 2024

Source: financialremediesjournal.com

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

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Family Law, 10th September 2019

Source: www.familylaw.co.uk

Sharing of post-separation earnings: Francis J says ‘I’m not lovin’ it’ – Family Law

Posted July 25th, 2019 in divorce, financial provision, news, periodical payments by tracey

‘Should there have been any doubt remaining, Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.’

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Family Law, 23rd July 2019

Source: www.familylaw.co.uk

Quan v Bray: Joint lives maintenance orders and deferred capital claims in financial remedy proceeding – Family Law

Posted January 25th, 2019 in financial provision, news, periodical payments, trusts by tracey

‘Antonia Barker, senior associate at Vardags, who acted for the wife in this case, comments on Quan v Bray, which involved long-running financial remedy proceedings in which the court made findings of gross litigation misconduct and that the husband had earning capacity that could be inferred.’

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Family Law, 25th January 2019

Source: www.familylaw.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

Posted September 7th, 2018 in children, consent orders, enforcement, financial provision, islamic law, loans, marriage, mortgages, news, periodical payments, trusts by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

The variation or revocation of a settlement order under the Children Act 1989 – Family Law

Posted August 30th, 2018 in appeals, children, financial provision, news, periodical payments, residence orders by sally

‘In Re C (A Child) (Schedule 1 Children Act Variation) [2018] Lexis Citation 63, [2018] All ER (D) 32 (Aug) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made. Charlotte Sanders, associate at Stewarts, discusses the outcome of the case.’

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Family Law, 29th August 2018

Source: www.familylaw.co.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018.’

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Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Mills v Mills Spousal Maintenance – A Meal Ticket for Life? – No. 5 Chambers

Posted August 7th, 2018 in divorce, financial provision, news, periodical payments, Supreme Court by sally

‘On the 18th July, 2018, the Supreme Court determined that the Court of Appeal erred in increasing Ms Mills’ (hereafter ‘W’) periodical payments from £13,200 to £17,292 – the increase of £4,092 being the deficit in W’s ‘Needs Budget’ prepared for the substantive application to vary her periodical payments upwards; her ‘needs’ including her costs of renting a property when capital provision had been settled to meet her housing need.’

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No. 5 Chambers, 24th August 2018

Source: www.no5.com

There’s still no end in sight, says ‘winning’ husband in Mills v Mills – Law Society’s Gazette

Posted July 20th, 2018 in divorce, news, periodical payments, Supreme Court by tracey

‘The “meal ticket” phrase has long been loathed by family law specialists who see it as lazy journalism to describe a complex and nuanced area of their practice. But there was little comfort from this week’s Supreme Court ruling in Mills v Mills, trailed as the case that might do away with periodical payments for good.’

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Law Society's Gazette, 20th July 2018

Source: www.lawgazette.co.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

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Family Law, 25th April 2018

Source: www.familylaw.co.uk

Attempting modernisation: the Divorce (Financial Provision) Bill – Family Law

Posted February 5th, 2018 in bills, divorce, financial provision, matrimonial home, news, periodical payments, prenuptial agreements by sally

‘Momentum is growing for the modernisation of the statutory approach to the financial division of assets on divorce, the recognition of pre- and post-nuptial agreements, and an overhaul of spousal maintenance. Over the last few years the great and the good have been beavering away in an attempt to find the Holy Grail, a way of modernising family law to provide more certainty and clarity.’

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Family Law, 2nd February 2018

Source: www.familylaw.co.uk

Index Linking Periodical Payments – Family Law Week

Posted December 1st, 2017 in indexation, news, periodical payments by tracey

‘Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.’

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Family Law Week, 24th November 2017

Source: www.familylawweek.co.uk

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

Posted October 25th, 2017 in asbestos, cancer, insurance, medical treatment, news, periodical payments, personal injuries by michael

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

Case Law Update – Byrom Street Chambers

Posted October 20th, 2017 in community care, Court of Protection, damages, delay, disclosure, evidence, hospitals, medical records, negligence, news, periodical payments, personal injuries, video recordings by sally

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Finance and Divorce Update April 2017 – Family Law Week

Posted April 21st, 2017 in bankruptcy, divorce, domicile, financial provision, islamic law, marriage, news, periodical payments by tracey

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by tracey

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Men ‘bullied’ out of generous divorce settlements by breadwinning wives – Daily Telegraph

Posted March 6th, 2017 in divorce, financial provision, news, periodical payments, sex discrimination, statistics by sally

‘Men are being awarded more generous divorce payouts with some also receiving ongoing payments from their ex-wives, lawyers say.’

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Daily Telegraph, 4th February 2017

Source: www.telegraph.co.uk

Divorces are skewed by judges’ outdated chivalry, says female peer pushing for cap on payments – Daily Telegraph

Posted February 13th, 2017 in bills, divorce, financial provision, judges, news, periodical payments, Scotland, sex discrimination, women by sally

‘Judges are labouring under antiquated notions of chivalry in awarding women maintenance payments which extend years into the future, despite the fact that many divorcees go on to earn good salaries on their own, says a leading female peer.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

DB v PB: a reminder of potential effect of maintenance agreements – Family Law Week

Posted February 8th, 2017 in divorce, EC law, family courts, financial provision, foreign jurisdictions, news, periodical payments, prenuptial agreements, reasons by tracey

‘Michael Allum, Solicitor with The International Family Law Group LLP, considers the implications of maintenance agreements in financial remedies cases.’

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Family Law Week, 3rd February 2017

Source: www.familylawweek.co.uk