Non Clean Break Settlements
These types of settlement will provide for the wife’s (immediate) capital needs which generally comprise her accommodation costs, car, removal costs etc.
Her income needs (insofar as she cannot reasonably meet them herself bearing in mind her age stage and other obligations, particularly to small children) will be met by continuing maintenance payments which are generally the subject of review by both the husband and the wife as any change in their respective circumstances may justify.
The courts generally discourage wives from reviewing levels of maintenance more frequently than every two years.
Maintenance paid on these terms will cease on the first death of either party or the wife’s remarriage and it is likely to be suspended if not dismissed in the event that she co-habits.
This arrangement does not achieve finality. The wife’s fortunes remain linked to those of her husband. As a result the parties may never feel able to plan their lives entirely independently of the other. For these reasons the court is specifically charged to do its best to effect a clean break.
Family Team
Christopher Nisbet – Partner
Katharine Shaw – Partner
Justin Moss – Partner
Harriet Falon - Solicitor
Articles/Papers
Family Law Issues for Farmers and Landowners - Katharine Shaw & Justin Moss
External Links
Resolution
Child Support Agency
Children and Family Court Advisory Service
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