Extending the Extendable Term

Eleanor Hamilton QC. Considers the tension between Fleming v Fleming [2003] EWCA Civ 1841, [2004] 1 FLR 667 on the one hand and McFarlane v McFarlane; Parlour v Parlour [2004] EWCA Civ 872, [2004] 2 FLR 893 on the other, in relation to extendable term periodical payment orders for spouses. Eleanor Hamilton QC suggests that extendable term orders should be made in a post-White post-pension-sharing world against the backdrop of the measure of certainty given by the Court of Appeal in Fleming namely that the anticipated clean break will be achieved at the end of the term save in only exceptional circumstances.

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