A Practical Guide to Spousal Maintenance

Family Law

A Practical Guide to Spousal Maintenance

By Liz Cowell
Law Brief Publishing September 2019

Specifications

ISBN-13
9781912687152
Publisher
Law Brief Publishing
Publication
September 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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Details

This book provides the context as to why the Family Court in England and Wales approaches awards of maintenance in the way that it does. The law remains as set out in Section 25 (as amended in 1984) of the Matrimonial Causes Act 1973. The book looks at why there have been so many apparently different approaches as to its implication since 1973. It includes a review the history of maintenance in this jurisdiction to give a context as to how we arrived at the current state of practice as set out in the 1973 Act.

Also discussed are the significant changes in society since the first statute allowing the courts to award maintenance namely the Matrimonial Causes Act 1857.

Finally, there is a review of current judicial thinking and approach on this difficult aspect of the financial remedies available following the breakdown of marriage, with consideration being given to the international context of spousal maintenance.

Table of Contents

Chapter 1 – Introduction
Chapter 2 – History
Chapter 3 – The Matrimonial Causes Act 1973 (“MCA 1973”)
Chapter 4 – The Statute and the Rules
Chapter 5 – Maintenance Pending Suit and Interim Periodical Payments
Chapter 6 – Applications Pursuant to Section 23 Matrimonial Causes Act 1973 for Periodical Payments of Maintenance
Chapter 7 – The Clean Break Problem
Chapter 8 – The Problems Surrounding Sharing the Payer’s Income
Chapter 9 – Needs Are Elastic
Chapter 10 – Bonuses and How They Affect Maintenance
Chapter 11 – Cohabitation
Chapter 12 – Variation of Periodical Payments
Chapter 13 – Capitalisation
Chapter 14 – The Treatment of Bonuses in Financial Settlement
Chapter 15 – Pensions
Chapter 16 – Bankruptcy
Chapter 17 – The Child Support Act 1991
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