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Lump sum, Lump sums and Instalments: a brief history

Date:20 JUN 2013

Nathaniel Groarke

Associate Solicitor Withers LLP

Following the case of Hamilton v Hamilton [2013] EWCA Civ 13 [2013] 1 FLR (forthcoming) this article explores the developments in the law relating to on the one hand lump sums and on the other lump sums by instalments and the impact of such developments for family law practitioners and always more importantly the clients.  

There is a whistle-stop tour through the case law.  For example right back in 1973 the Court of Appeal in Coleman v Coleman [1973] Fam. 10 made it clear that while the court had the power to make an order for more than one lump sum payment (lump sums) within an order there could only be one order. This is followed by a review of the Court's powers to vary lump sums by instalments and asks if this power extends to quantum as well as timing.

In Hamilton Mrs Justice Baron gave some helpful drafting guidelines but this article advises caution - the guidelines might fit...

Read the full article here.