- Courts may capitalise periodical payments for a child (AZ v FM)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: An appeal was dismissed by Mr Justice Mostyn who determined that section 31(5) of the Matrimonial Causes Act 1973 (MCA 1973) permits the capitalisation of periodical payments for a child, while making it clear that the jurisdiction to do so was a ‘very rare bird indeed’ and therefore reserved to exceptional cases. Moreover, capitalisation should only really be properly considered where the Child Support Act 1991 (CSA 1991) does not apply. Tahmina Rahman, barrister at 1GC Family Law, examines the case and its implications.
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