header-logo header-logo

07 June 2012 / Geraldine Morris
Issue: 7517 / Categories: Features , Divorce , Family
printer mail-detail

Opportunity knocks

Geraldine Morris advises a cautious approach to clean-break orders

It may be due to current economic pressures that Duxbury calculations seem to be less prevalent; nonetheless, there will be cases in which capitalisation of periodical payments is appropriate and the court will have regard to the various elements required to calculate a Duxbury sum pursuant to the court’s duty under the Matrimonial Causes Act 1973 (MCA 1973), s 25A to consider a clean break.

Yates v Yates [2012] EWCA Civ 532, [2012] All ER (D) 209 (Mar) was one such case and illustrates the importance of accurate information. The parties had entered into a financial consent order in 2006 that provided for a clean-break, save for continuing periodical payments payable by the husband to the wife for a three-year term. There was no bar on a further application by the wife under MCA 1973, s 28(1)(a). Pursuant to the consent order, the wife received a substantial lump sum of £978,000, partly to enable her to discharge the mortgage of £451,000 on the

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll