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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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