Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
View all articles
Authors

The Certainty of a Clean Break: Variation of Maintenance - Family Law journal

Sep 29, 2018, 17:35 PM
Slug : FLJ0910Withers
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 4, 2010, 10:24 AM
Article ID : 92705

SUZANNE TODD and BRETT FRANKLE, Withers LLP

The credit crunch, and who knows if we are truly past the worst of it, has presented challenges to family practitioners that have not for some time tested our practical skills. This is particularly so when it comes to the issue of maintenance and its downward variation. Judicial guidance on the issue is limited. There is, or at least prior to the Court of Appeal decision in Vaughan v Vaughan [2010] EWCA Civ 349, [2010] 2 FLR 242 was, only one reported case post-White which dealt with a downward variation of spousal periodical payments (K v K (Periodical Payments: Cohabitation) [2005] EWHC 2886 (Fam), [2006] 2 FLR 468).

Whether the lack of case law can be attributed to the failings of our legal system and the significant costs and delay of the court process, which generally means that cases involving a downward variation of maintenance have no option but to settle, is a moot point, but what is clear is that downward variation of maintenance has become a live issue in a way that it simply was not 6 or 7 years ago and, given the way of the world, it is quite possible that this will remain a subject we will have to grapple with for some time.

To read the rest of this article, see September [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.

__________________________________________________________________

Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from