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Spousal Maintenance Handbook

Spousal Maintenance Handbook

Author: Jack Rundall; Farhana Shahzady
Publisher: Resolution (SFLA)
ISBN: 9781908568106
Published In: October 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$226.10

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Description
Contents

Details

Spousal Maintenance Handbook is an essential resource for family lawyers and family justice professionals covering the Family Court’s power to make or vary orders for spousal maintenance under the Matrimonial Causes Act 1973 (and the Civil Partnership Act 2004).

Spousal Maintenance Handbook is structured and written in a user-friendly way, with each chapter setting out the key points and the relevant case-law and legislation. It is suitable both for the experienced practitioner as a quick reference guide and as an accessible introduction for those seeking an overview of this complex area of law.

This new handbook considers the different types of periodical payment orders including maintenance pending suit, legal services payment orders, periodical payments and child maintenance.
It carefully considers the underlying principles considered by the court when confronting a maintenance claim such as needs, sharing and compensation.
There is a useful exploration of approaches to spousal maintenance in different jurisdictions and factors to consider in cross-jurisdictional separation.
The substantive chapters are supplemented with an overview of judicial thinking and the development of spousal maintenance law. Also considered are socio-economic and gender factors and whether the time has come to embrace reform.

Spousal Maintenance Handbook is suitable for both the experienced practitioner as a quick reference guide, and as an accessible introduction for those seeking an overview of this complex area of law

Legislation

Principles of spousal maintenance

Maintenance pending suit and legal service payment orders

What is income? The issue of bonuses and future sharing

Assessing reasonable needs and problem of quantum

Maintenance duration: clean breaks and evolving case law

Bankruptcy

Variation and capitalisation

Child maintenance and periodical payments under CA 1989 Sch1

10.

Prenuptial agreements and maintenance

11.