Financial Relief Flashcards
Civil partnership case which shows they’re subject to the same principles as heterosexual couples.
Lawrence v Gallagher [2012]
Led to the “clean break” principle being added to the MCA 1973 in 1984 (per Lord Scarman)
Minton v Minton [1979]
Presumption that there should be no continuing obligations when the marriage is broken down.
“Clean Break” Principle - s.25A MCA 1973
2 statutory limitations on the use of the Child Support Scheme
s. 4(10) CSA 1991 - written agreement before 1993
s. 8(5) CSA 1991 - written agreement (but only stops CSA for 1yr)
Post-2008 way of calculating Child Support
Schedule 1 CSA 1991
Post-2008 ways of making variations to the Child Support
s.28A-G CSA 1991
Schedule 4B CSA 1991
Criticism of removal of upwards-variation to Child Support in 2013
Green v Adams [2017] per Mostyn J
Statutory provisions for the enforcement of Child Support
s.29 CSA 1991 - general enforcement
then s.31-43 CSA 1991 for specific mechanisms
Example of the courts being able to vary maintenance orders under the Child Support Scheme
C v F (Disabled Child: Maintenance Orders) [1998]
Statute which unmarried couples can apply to the courts for Child Support under.
s.15 and Schedule 1 Children Act 1989
Definitions for Financial Relief in divorce and dissolution procedures
s.52 MCA 1973
General statutory section for financial provision orders in divorce and dissolution procedures
s.23 MCA 1973
Suggestion for reform on the strict idea that financial provision orders cannot commence before the decree absolute (under ss.23(2)(5), 24(3) MCA 1973)
Law Com No.192 para. 5.54
Way courts can provide maintenance while the suit is pending
s. 22 MCA 1973
s. 22ZA - payment for legal services
s. 22ZB - guidance for the court in deciding an order under s.22ZA
Case where maintenance pending suit for legal services under s.22ZA and s.22ZB MCA 1973 was enforced
Currey v Currey [2006] - no legal aid and couldn’t afford legal services so other party had to pay.
