Spousal maintenance
A recent case involving Maria and Graham Mills has attracted significant publicity within the media, with the case centering around the issue of spousal maintenance.
Mr Mills was ordered to pay a higher amount of maintenance to his former wife some fifteen years after their initial divorce settlement, after it became apparent that Mrs Mills fell into debt, after investing in a series of London properties.
How long will I have to pay spousal maintenance for?
A recent case involving Maria and Graham Mills has attracted significant publicity within the media, with the case centering around the issue of spousal maintenance. Mr Mills was ordered to pay a higher amount of maintenance to his former wife some fifteen years after their initial divorce settlement, after it became apparent that Mrs Mills fell into debt, after investing unwisely in a series of London properties.
The issue in respect of this case is that the maintenance recalculation was made fifteen years after the couple was originally granted their divorce settlement. Further, the case differs in the sense that the majority of financial orders will seek to encourage a financially dependent partner to become more financially independent over time, with the aim of avoiding the outdated meal ticket for life form of divorce settlement.
Can every divorced couple move on from the divorce financially?
The unfortunate answer to this question is no. For many divorced couples, the divorce process is not the final chapter at all. Very often one or both partners look to renegotiate their original financial settlement at a later date.
There are several reasons why this may arise, perhaps because one partner might find out new information and so feels that they should have the same standard of living or there may be other changes in financial circumstances for either partner.
In respect of Mills v Mills, the parties married in 1988, subsequently separated in 2001 and achieved a settlement in 2002. There was one child from the marriage who is now an adult.
In 2002, the wife received a considerable lump sum amounting to £230,000 (see BBC for story) as part of her settlement. Despite the large sum of money, she found herself in considerable debt at the latest hearing. The debt was described as being accrued through wise investments.
Mr Mills, a surveyor, is said to have given away nearly all of the couples liquid capital away within their first divorce settlement and this was in exchange for Mr Mills keeping his business interests ring fenced from the settlement.
However despite this Mr Mills, who is now aged 50, is now subject to an order that stipulates his former wife is supported for life. The decision has, of course, sparked considerable debate among practitioners, with the general consensus feeling that the decision appears to be rather unfair.
The monthly payments have now increased to reflect the order too. Mr Mills once paid his wife £1100.00 per month and has now confirmed that the figure has increased by almost a third.
How can I avoid my divorce settlement from being re-negotiated?
Your family lawyer will be able to advice on whether a clean break order is suitable for you. A clean break settlement ensures that the parties to the divorce will have no financial ties once the order is agreed or ruled upon by a court. It is important to note however that this type of order will not suit every couple's circumstances. For example, if you have dependents that are in need of on-going support following the divorce or perhaps you have maintenance needs, then in such circumstances, a clean break would not be appropriate.
If you would like further information about clean break divorces, or any areas of family law why not give us a call today on 02920023222?
We are one of Cardiff's leading family law practices. We have some of the most experienced divorce lawyers within the region. Call us for more information.
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