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05 September 2019 / Kim Beatson , Victoria Rylatt
Issue: 7854 / Categories: Features , Family , ADR
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Capitalised maintenance: a court-free solution?

The court’s unpredictable approach means alternative resolution could be the logical choice, argue Kim Beatson & Victoria Brown

  • The court applies its powers to capitalise maintenance provision in an unpredictable manner, making litigation a risky process.
  • Dispute resolution processes, including private judging and arbitration, are a logical alternative.

In divorce and civil partnership dissolutions, the court can capitalise maintenance provision by making certain lump sum, property adjustment or pension sharing orders in place of an earlier periodical payments order (Matrimonial Causes Act 1973, ss 31(7A)–( ); Civil Partnership Act 2004, Sch 5, Pt 11, paras 50–62). Capitalisation cannot be used in nullity proceedings, judicial separation or to adjust orders made in favour of children of the family.

When capitalising maintenance, the court must:

  • discharge the periodical payments order or secured periodical payments order; or
  • vary such an order so that the payments are required to be made or secured only for such further period as is determined by the court.

In exercising its

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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