Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

The law relating to needs and spousal maintenance: one firm’s view

Date:25 FEB 2013

Emily Marshall PSL London

Kelvin Henderson Associate Sheffield

Alison Hawes Partner Bristol

John Nicholson Partner London

On behalf of the family law team at Irwin Mitchell:

In financial remedy proceedings statute requires the court to have regard to the party's 'financial needs' but does not define 'needs' nor tell us the extent to which a party should be required to meet the other party's needs after divorce.

In its recent Supplemental Consultation Paper on needs and spousal maintenance the Law Commission commented that in the absence of a clear definition of 'needs' a family judge has as much guidance as a bus driver who is given instructions about how to drive and authority to decide whether to turn left or right but not told where to go.

This article outlines the broad views of the family team at Irwin Mitchell on the issues raised by the Law Commission relating to needs and...

Read the full article here.