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maintenance | Cambridge Family Law Practice

Maintenance matters

By | financial, Law news | No Comments

This week, we thought we’d focus on a difference of opinion on a matter of family law that has come to light between a couple of our elder statespeople in family law. On one side, we have Baroness Deech, a former barrister and crossbench peer in the House of Lords who led the second reading of her new Divorce (Financial Provision) Bill at the end of January this year, and on the other we have Lord Wilson of Culworth, a Justice of the Supreme Court and author of some of the most notable legal decisions in family law over the…

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Standards bearer

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It is a fact of law that when a court is considering the appropriate division of financial resources between two people at the point of divorce, it must have regard to the standard of living enjoyed by the former couple during the marriage. It is one of many factors that the court weighs when deciding who gets what. The problem is that it is difficult – in most cases, impossible – to replicate that former standard of living across two separate households. The court’s first consideration is always the welfare of the children while they are under 18 so if…

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A Right Way to Do Things

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When a marriage breaks down, it is relatively common for there to be a difference of opinion about how the family’s resources should be divided up and allocated for the future. Sometimes these differences can be resolved by a frank and businesslike conversation between two adults around a table, perhaps with a mediator where necessary. Sometimes, a tolerable outcome can be negotiated by solicitors, either in correspondence or by involving the protagonists in collaborative practice or a four-way meeting. Sometimes, people need an arbitrator or the court to decide how finances should be separated out on divorce. Whatever the process,…

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Maintenance: each to his or her own

By | divorce, financial, Law news | No Comments

A month or so ago there was a lot of fuss in the papers about a divorce case, local to us, where the wife, who was a stay at home mum, had apparently been told to “go out and get a job”. Many commentators were saying the case heralded a sea-change in the way courts will deal with maintenance cases in the future. Now the fuss has died down, we thought a quick look at this case, and a consideration of its actual impact might be useful. Spousal maintenance is always one of those tricky areas of family law (are…

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