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.
Spotlight
A day in the life Of...
Rebecca Delaney
Rebecca Delaney
Director & Partner
Read on
Stale arrears: era of enlightenment?
Date:11 JUN 2018
Third slide
Trainee solicitor

In her article for the June 2018 of Family Law ([2018] Fam Law 707), Grace Lawrence considers the circumstances in which the courts will permit the enforcement of arrears of maintenance older than twelve months, with particular focus upon applications for leave brought pursuant to s 32 of the Matrimonial Causes Act 1973.  She notes that historically, the rule of practice against the enforcement of 'stale arrears' has been stubbornly adhered to; the courts have tended only to depart from it where there are 'special circumstances'. However, in recent cases (including Arif v Anwar and others [2014] EWHC 4669 (Fam) and Mann v Mann [2016] EWHC 314 (Fam), [2017] 1 FLR 559) one can arguably identify a greater leniency towards, or perhaps even a readiness to enforce, ‘stale arrears’. Grace suggests that this development should be welcomed. The rule of practice against enforcement (which dates back to the days of the Ecclesiastical Courts) has potential to operate unfairly and is out of touch with modern day financial realities. 


The full version of this article appears in the June 2018 issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.
Family Law Awards 2019
Family Law Awards 2019
Shortlist announced - it's time to place your...
Child and Family Law Quarterly
Child and Family Law Quarterly
"The final professional word for the practitioner...
£80
Categories:
Articles