header-logo header-logo

Meal ticket for life?

06 September 2018 / David Burrows
Issue: 7807 / Categories: Features , Divorce , Family
printer mail-detail
nlj_7807_burrows

David Burrows examines the decision in Mills v Mills & what it means for maintenance for a dependent spouse

  • To what extent should a court duplicate a periodical payments liability for a spouse who has mismanaged her finances?
  • When should the court consider capitalisation of periodical payments?
  • To what extent should an appellate court interfere with the statutory discretion of a first instance judge?

The recent ‘meal ticket for life’ Supreme Court case of Mills v Mills [2018] UKSC 38, [2018] All ER (D) 107 (Jul) (18 July 2018) operates on three levels:

  • variation of periodical payments (‘meal ticket for life’);
  • capitalisation of periodical payments; and (hovering in the background); and
  • the extent of an appellate court’s interference with a first instance judge (in this case His Honour Judge Mark Everall QC sitting in the Central Family Court).

The Supreme Court appeal related to the application of Mrs Mills (W) to vary periodical payments which had been part of a consent order made in 2002; and the application of Mr Mills

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll