Family Law

Maintenance Matters A Guide to Periodical Payments on Divorce and Dissolution of Civil Partnership

By A Commins
Family Law LexisNexis March 2014

Specifications

ISBN-13
9781846612992
Publisher
Family Law LexisNexis
Publication
March 2014
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This new book provides a concise and user-friendly guide to the reasoning behind, calculation and variation of periodical payments orders in financial remedy proceedings (both upon divorce and dissolution of civil partnership). The text considers the procedural, statutory and case-law context in which orders for periodical payments are made, including a section dealing with maintenance within mediated settlements. It also provides guidance on dealing with the more difficult issues in such cases, examining the effect of cohabitation, the cross-over with capital settlements, reviewing nominal maintenance orders and the impact of variation applications. Each chapter ends with a summary of the main points and a checklist for the user.

Maintenance Matters: A Guide to Periodical Payments on 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.

Table of Contents

  • Using The Guide
  • The Historical Perspective
  • Failure to Maintain
  • Maintenance Pending Suit
  • Maintenance Pending Suit, Costs Allowances and Orders for Payment in respect of Legal Services
  • Needs, Budgets and Expenditure
  • The Basics of Periodical Payments Orders
  • Nominal Periodical Payments
  • Variation, Discharge, Suspension and Revival
  • Capitalisation upon an Application to Vary a Periodical Payments Order
  • Periodical Payments for the Benefit of a Child
  • The Impact of Remarriage and Cohabitation on Orders for Periodical Payments
  • Periodical Payments and Bankruptcy
  • Appendices

About the Author

Andrew specialises in family law and, in particular, matters of family finance including financial remedies on divorce and dissolution of civil partnerships, cohabitation disputes, Schedule 1 applications and associated professional negligence issues. Andrew also undertakes work in related matters under the Children Act 1989 and is a qualified mediator. He has a keen interest in women’s, girls’ and minorities’ access to justice and he has studied and worked or volunteered as a lawyer abroad and in the UK for a number of charities and non-governmental organisations that protect and promote human rights. 
 
 “Andrew draws a great deal of praise for his burgeoning family law practice. He is admired for his polished advocacy skills, technical ability and brilliant attention to detail. ‘He has a pragmatism beyond his years, a very attractive manner with clients and is clearly very bright.’ ” 
Chambers UK, Family (2014)

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