Maintenance Matters: The Guide to Periodical Payments upon Divorce and Dissolution of Civil Partnership
Periodical payments orders occupy that invidious position between, on the one hand, the endemic inequality of wealth so often revealed upon a family's separation and, on the other, the 'clean-break' rhetoric of equality and self-sufficiency.
This new book provides an accessible, readable and practice-orientated guide to the origins, development, calculation and variation of periodical payments orders in financial remedy proceedings (both upon divorce and the dissolution of civil partnerships).
The text considers the procedural, statutory and case-law context in which substantive, nominal, secured and unsecured orders for periodical payments are made, quantified, varied, subjected to capitalisation, terminated and enforced. It provides assistance on dealing with clean-break, [non]-extendable term and pension-related orders and tackles complex and related issues such as the impact of cohabitation, remarriage, bankruptcy and the use of Duxbury calculations.
The Guide provides analysis of, and commentary on, case authorities and, wherever possible, draws together consistent threads of judicial opinion and guidance. Each chapter also provides a summary of the main points of relevant practice and theory to offer a user-friendly manual for any reader interested in, advising on, pursuing or responding to a claim for a periodical payments order at any stage before or after the instigation of legal proceedings.
Maintenance Matters: A Guide to Periodical Payments upon Divorce and Dissolution of Civil Partnership is an invaluable guide for the practitioner at court or in the office. It is essential reading for solicitors, barristers, mediators, accountants and independent financial advisors alike.
"will help practitioners and advisers get to grips more easily with the multifarious aspects of periodical payments – maintenance payments that is – in the financial remedy proceedings which follow on from either divorce, or the dissolution of a civil partnership ... source of practical advice ... practical value of this book lies in the multiplicity of insights it offers into the complexities of the current legal landscape on ‘maintenance matters.’ Practitioners under pressure will appreciate the precise detail with which Andrew Commins deals with, for example, the calculations and variations relating to periodical payments and orders in financial remedy proceedings" Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
"a wealth of material packed into this conveniently sized book. ... as a seasoned professional in this area of the law, there are few works of reference which find a place in my own daily practice hold-all – this book however is already there" Ashley Murray, Barrister, Ashley Murray Chambers, Liverpool
"a welcome arrival, which fills a long-standing gap in this particular corner of the market ... a comprehensive and thoughtful traversal of the subject ... a useful book, to which the busy practitioner will be able to turn, at short notice, for an answer that is both authoritative and easy to locate, whether it be the solicitor checking the criteria for the making of a legal services order, or counsel searching for that irritatingly elusive piece of dicta, otherwise located at the very back of a crowded mind, which perfectly encapsulates the submission which he/she is minded to make to the court as to whether it is appropriate, or not, to make a nominal spousal maintenance order to cover future risk" John Stocker, Barrister, 1 Garden Court Family Law Chambers
Table of contents
• How to use The Guide
• The historical perspective: maintenance, alimony and periodical payments from medieval England to modern-day proposals for reform
• A synopsis: the orders and issues
• Failure to provide reasonable maintenance
• Maintenance pending suit
• Maintenance pending suit, costs allowances and orders for payment in respect of legal services
• Needs, budgets and expenditure: exaggeration and broad-brushes versus evidence and realism
• The basics of periodical payments orders: absolutes, game rules and forms
• The quantification of orders for periodical payments
• Bonus payments and periodical payments
• Terminating financial dependency: the immediate and deferred clean break and [non]-extendable term orders
• Orders for nominal periodical payments: justification and transmutability
• Bankruptcy and periodical payments
• The impact of remarriage and cohabitation on orders for periodical payments
• Duxbury calculations: the fable of the ‘tool’ and the ‘paradox’
• Orders to provide security for periodical payments
• Variation, discharge, suspension and revival : quantum and term
• Capitalisation upon an application to vary a periodical payments order
• Pension orders and periodical payments: attachment, sharing and interaction
• Periodical payments for the benefit of a child: school fees, disability expenses, top-up assessments and written agreements
• Maintenance agreements and MCA 1973, ss 34-35
• Enforcement of maintenance orders and arrears within England & Wales