Spousal Maintenance Handbook (print + PDF)

Spousal Maintenance Handbook is an essential resource for family lawyers and family justice professionals covering the Family Court’s power to make or vary orders for spousal maintenance under the Matrimonial Causes Act 1973 (and the Civil Partnership Act 2004).

Spousal Maintenance Handbook is structured and written in a user-friendly way, with each chapter setting out the key points and the relevant case-law and legislation. It is suitable both for the experienced practitioner as a quick reference guide and also as an accessible introduction for those seeking an overview of this complex area of law.

This new handbook considers the different types of periodical payment orders including maintenance pending suit, legal services payment orders, periodical payments and child maintenance.

It carefully considers the underlying principles considered by the court when confronting a maintenance claim such as needs, sharing and compensation.

There is a useful exploration of approaches to spousal maintenance in different jurisdictions and factors to consider in cross-jurisdictional separation.

The substantive chapters are supplemented with an overview of judicial thinking and the development of spousal maintenance law. Also considered are socio-economic and gender factors and whether the time has come to embrace reform.

Contents include:

• Legislation
• Principles of spousal maintenance
• Maintenance pending suit and legal service payment orders
• What is income? The issue of bonuses and future sharing
• Assessing reasonable needs and problem of quantum
• Maintenance duration: clean breaks and evolving case law
• Bankruptcy
• Variation and capitalisation
• Child maintenance and periodical payments under CA 1989 Sch1
• Prenuptial agreements and maintenance
• International considerations and perspectives
• Law reform, fair shares and menopause

This is the print + PDF version. It is possible to buy print-only and pdf-only.

Publishing October 2024 – available to pre-order.