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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll