Spousal Maintenance - The Latest Guidance & Caselaw

Introduction

This webinar will provide a refresher of the legislation and caselaw underpinning a successful spousal maintenance claim.

It will highlight the potential for significant changes to the court’s approach in light of the Law Commission’s financial remedy review and weigh up the merits of the treatment of maintenance claims within Baroness Deech’s private members bill.

The webinar will provide tips to overcome the real-world challenges of preparing expenditure schedule and drafting consideration to overcome the risk of not meeting a party’s income needs if child arrangements change. It will also look at what can be done to ensure the maintenance order is enforceable in the future whether in this jurisdiction or abroad.

What You Will Learn

This webinar will cover the following:

• The court’s approach to spousal maintenance claims (significant cases McFarlane, SS v NS)
• How the court’s approach differs in maintenance pending suit claims
• Treatment of spousal maintenance/MPS in caselaw 2021-2023 (including claims in MPFA cases and cases where parties entered into nuptial agreements)
• The awaited Law Commission report on the future of financial remedy law
• Baroness Deech’s Private Members’ Bill
• The wish list - when to manage expectation, how to predict future need in uncertain times
• Drafting and negotiating - child maintenance vs spousal maintenance vs global order, plus an eye to enforcement

This webinar was recorded on 29th August 2024

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