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19 September 2023

New Family Court judgment varies outdated spousal maintenance order

Simon Beccle, Partner, and Charlotte Skea-Strachan, Legal Director, represented the former wife, WK, who successfully obtained a capitalised lump sum based on an increased level of spousal periodical payments, as well as an order for costs.

WK v GC [2023] EWFC 151: Judgment of His Honour Judge Hess in competing applications by former spouses divorced in 2004 for the variation / capitalisation / discharge of a spousal periodical payments order.

This Judgment provides useful guidance on how the courts should consider approaching the tricky questions of variation and capitalisation of spousal maintenance orders, and particularly ‘joint lives’ spousal maintenance orders made many years ago which fall to be reconsidered once children have grown up and as the parties approach or enter retirement. It addresses issues such as housing and income needs, retirement, pensions, downsizing properties and inheritance prospects which are matters frequently raised in such cases. There are few authorities on these questions, and those that are reported are usually at a higher court level and so do not necessarily assist in medium to lower value cases.

Please click on the link to read the concise (13 page) Judgment:

For further information, please contact Simon Beccle or your usual contact in the Family Department or, alternatively, telephone on 020 7465 4300.

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