The court has a duty in financial settlement cases to consider whether a clean break can be achieved, with the aim being to sever the financial ties between a divorcing couple as soon as possible, provided this does not cause undue hardship. Over recent years, long term maintenance orders are becoming rarer and the statutory bar which prevents maintenance extending beyond a set term is becoming more commonplace.
Patricia Robinson, Partner, Slater Heelis, Sale. 0161 672 1449, patricia. robin[email protected]heelis.co.uk
As there is no set calculation for spousal maintenance aka a Periodical Payments Order (PPO), it can be difficult for parties (especially those who are unrepresented) to know how or whether to settle their case. When making a PPO, the judge has a significant amount of discretion and must look at all the circumstances of the case, but first and foremost the judge needs to consider whether there is sufficient capital to meet the needs of the parties without making a PPO.
Sarah Thompson, Family Lawyer, Slater and Gordon, Manchester.
0161 383 3500, sarah.thomp[email protected] slatergordon.co.uk mean that they would receive a lump payment and not ongoing periodical payments. There is often a discount provided for immediate receipt of payment and it allows both parties to work towards a clean break order.
Rubina Vohra, Partner, Forbes Solicitors. 01254 580000, rubina. [email protected]licitors.co.uk.