How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
Not quite! The current trend is to impose a term order (i.e for a specified period) rather than open ended maintenance.
The recent case of Aburn v Aburn [2016] EWCA Civ 72, [2016] All ER (D) 69 (Feb), affirms the higher courts shift in approach towards time limited maintenance Orders. The case is of particular interest as it was not a “big money” case.
The Husband was a GP, whilst the Wife was formerly a Qualified Nurse and Midwife, who had not worked for over 19 years. Nevertheless, the court found that she did have an earning capacity and calculated her maintenance award based on this fact.
The imposition of a term places the onus on the receiving party to apply to the court to extend a maintenance Order rather than the paying party as is the case if a “joint lives” order is made.
That said the courts are still willing to make such Orders if “needs” dictate. This is often a very delicate balancing exercise and one which should be looked at carefully from the outset of divorce proceedings.
George Green’s Family Law Department have extensive experience in advising both High income professionals with substantial pension provision as well as those who have raised the family and given up their career.
Mark Vandaele an Associate based at our Wolverhampton Office recently secured a Joint Lives Maintenance Order, despite the current trend. He comments “…it is important from the outset to look at the factual matrix and establish clear objectives based on the parties “needs”…careful consideration at an early stage often leads to a more favorable result at the end of the day…”.
Our specialist Solicitors advise on all aspects of relationship breakdown, including divorce, financial settlements on divorce, cohabitation disputes and issues relating to children and domestic abuse.
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