This book provides a concise and user-friendly guide to the reasoning behind (as well as the calculation and variation of) periodical payments orders in UK financial remedy proceedings (both upon divorce and dissolution of civil partnership). The text considers the UK 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 UK cases, examining the effect of cohabitation, the cross-over with capital settlements, reviewing nominal maintenance orders, and the impact of variation applications. Maintenance Matters will be essential reading for solicitors, barristers, mediators, accountants, and independent financial advisors alike. Contents include: the historical perspective * failure to maintain * 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 * capitalization 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.
Publication Date: 3/14/2014