header-logo header-logo

Family maintenance: subject to review?

09 June 2023 / Stephen Gerlis
Issue: 8028 / Categories: Opinion , Family , Divorce , Ancillary relief
printer mail-detail
125554
Recent years have shown how quickly fortunes can change: Stephen Gerlis makes the case for regular reviews of maintenance payments in private family law

In March 2023, Lord Bellamy, a government justice minister, announced that he had asked the Law Commission to examine whether the Matrimonial Causes Act 1973 (MCA 1973) needed updating. The main complaint was about asset-splitting and the wide discretion afforded to the courts when making such awards, which can cause uncertainty. On 4 April, the Law Commission announced a review of the law governing financial remedies on divorce and dissolution. It will consider whether the current law works effectively and delivers ‘fair and consistent’ outcomes for separating couples.

I propose joining the long queue of legal commentators at the door of the Law Commission, but my suggestion is rather niche and covers an area which ought to be obvious but is often overlooked—maintenance. Before there is a collective groan, may I make it clear that there is one particular aspect of maintenance that bothers me.

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

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll