Certificate in Spousal Maintenance - With Liz Cowell

Introduction

Maintenance for spouses post-divorce or the end of a civil partnership has a peculiar history in the jurisdiction of England and Wales. It is very different from the regime in Scotland and in many other European countries. It is important that those practising in this area understand why maintenance is available, and how the courts approach the question of maintenance in what is a highly discretionary area of the law.

Practitioners are often confused about the need to achieve a clean break between the parties following divorce and the need to ensure needs are provided for until in some circumstances death.

This area of law can be tricky and at first glance consideration of the leading cases can lead a practitioner to the conclusion that the courts do not necessarily follow the lead case of the House of Lords.

The aim of the course is to equip you with a full working knowledge of the caselaw, the rules and the statute with an in-depth look at the important case decisions, in particular Miller -v- Miller; McFarlane -v- McFarlane and SS -v- NS with reference to the concepts of the ‘yardstick of equality’ and ‘needs being elastic’.

This course is for those new to the area of achieving financial settlement for a client following a divorce.

What You Will Learn

This course will cover the following:

• Maintenance following divorce or the termination of a civil partnership
• How and when to pursue maintenance and interim maintenance during proceedings under the Matrimonial Causes Act 1973
• Whether or not a legal service order is required
• Whether maintenance be capitalised to create a clean break
• Maintenance available during marriage
• Maintenance for children