Recent Cases highlight the advantages of Clean Break Orders

There is mounting pressure for legal reform to end Maintenance for Life and to follow Scotland’s system where maintenance is short term and time limited. Assets such as property and pensions are divided and lump sum settlements, where applicable, are made resulting in a clean break. The recent case of Mills –v- Mills has highlighted the difficulties with the present system.

Following an order to give his wife financial support indefinitely Mr Mills is looking to request the Supreme Court to end this ‘meal ticket for life’ maintenance. Mr Mills said that he did not feel that the decision was right or fair to him. He also felt that the legal system was a lottery due to the wide discretion and lack of consistency in such cases.

The couple had been married for 13 years when they divorced in 2002 and have one son.

Following a series of unsuccessful property investments resulting in Mrs Mills over-financing and losing the £230,000 originally received as a lump sum Mrs Mills went back to court for increased maintenance payments.

The matter went before a family court last year where Mrs Mills requested the increased maintenance payments while Mr Mills requested a ‘clean break’. Both their challenges were thrown out by the Judge and the couple then took the matter to the Court of Appeal.

The Court of Appeal ruled that Mrs Mill’s maintenance payments, which had previously been set at £1,100 should be increased to £1,441 until further court order “to meet her basic needs”. The Court ruled that Mr Mills had the ability to make the maintenance payments.

For further information on Clean Break Orders contact Spectrum Family Law.