Spousal Maintenance in UK Law
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AA v BB
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I am also satisfied that there has been no "decision", within the meaning of article 2(1) of the Maintenance Regulation, in Slovenia in respect of spousal maintenance. There has been no "decision in matters relating to maintenance obligations given by a court" in Slovenia because the wife's claim stopped before the court made any decision in respect of it. (I should add that, in my view, there is also no judgment within the meaning of article 32 of Brussels I.)
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Dorney-Kingdom v Dorney-Kingdom
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A practice has grown up, finding its origins before District Judge Segal in the Principal Registry, to make an order for spousal maintenance under section 23(1)(a) of the Matrimonial Causes Act 1973 that incorporates some of the costs of supporting the children as part of a global order. It is therefore very convenient for a district judge to have a form of order which will carry the parent with primary care over that interim pending the Agency's determination.
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H v W
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The proper approach would be for the District Judge to calculate a total figure for maintenance which covers what he finds to be her ordinary expenditure together with such sum as would provide for what as Moylan J described as additional, discretionary, items which will vary from year to year and which are not reflected in her annual budget.
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B v S
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But to allow consideration of the concept of sharing to intrude in the assessment of a periodical payments award seems to me to be based on a doubtful principle, and is replete with problems of quantification by any sure standard. There are not even any signposts along the road to a fair award.
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SS v NS
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Therefore, on an extension application an examination would have to be made of whether the implicit premise of the original order of the ability of the payee to achieve independence had been impossible to achieve. However, I believe that if the choice between an extendable term and a joint lives order is finely balanced the statutory steer should militate in favour of the former.
If the choice is, as here, between an extendable and a non-extendable term then the court would have to be satisfied on the evidence that it is more probable than not that independence will be achieved at the expiration of the term. If the choice between an extendable and a non-extendable term is finely balanced the decision should normally be in favour of the economically weaker party (almost invariably the payee).
Pulling the threads together it seems to me that the relevant principles in play on an application for spousal maintenance are as follows:
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The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure
This article examines the duty of full and frank disclosure of parties to family law financial proceedings in Australia, and the potential consequences of failure to comply with this fundamental ob.........Financial matters include: spousal maintenance (ss 74 , 90SF(1) and modification of spousal maintenance ......
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Commonwealth Action in the Field of Private International Law
Introduction. Child support and family maintenance in international cases. Commonwealth arrangements. A new Hague Convention. REMO Orders and the new Convention. The recognition and enforcement of .........@Child support and family maintenance in international cases. 2. Commonwealth governments are well aware of the ...So far as spousal maintenance is concerned, almost all the legislation is limited to orders ......
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The Perils and Pitfalls of Formal Equality in Australian Family Law Reform*
In this paper, we identify the influence of formal equality—and more specifically, formal gender equality (that is, treating men and women the same)—in central areas of major Australian family law .........Spousal maintenance law has not been the subject of reform proposals since ......
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Proceedings in Relation to Children in the Post Cross-Vesting Era
...... in question might have become relevant to proceedings for the maintenance of a child who was the subject of a custody dispute in the Family Court. ... and a child of the parties their respective entitlements to spousal maintenance and to child support from the income and resources of the ......