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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Maintenance Matters: The Guide to Periodical Payments upon Divorce and Dissolution of Civil Partnerships

ISBN13: 9781846612992
Published: March 2014
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £74.99

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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 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 and 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: The Guide to Periodical Payments upon Divorce and Dissolution of Civil Partnerships is an invaluable guide for the practitioner at court or in the office. It is essential reading for solicitors, barristers, mediators, accountants, self-represented litigants and financial advisors alike.

Family Law
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