header-logo header-logo

05 September 2019 / Kim Beatson , Victoria Rylatt
Issue: 7854 / Categories: Features , Family , ADR
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll