header-logo header-logo

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

Meal ticket for life?

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 (H) to capitalise the periodical payments the consent order required

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll