Böcker av Liz Cowell

This book provides the context as to why the Family Court in England and Wales approaches awards of maintenance in the way that it does. The law remains as set out in Section 25 (as amended in 1984) of the Matrimonial Causes Act 1973. The book looks at why there have been so many apparently different approaches as to its implication since 1973. It includes a review the history of maintenance in this jurisdiction to give a context as to how we arrived at the current state of practice as set out in the 1973 Act.Also discussed are the significant changes in society since the first statute allowing the courts to award maintenance namely the Matrimonial Causes Act 1857.Finally, there is a review of current judicial thinking and approach on this difficult aspect of the financial remedies available following the breakdown of marriage, with consideration being given to the international context of spousal maintenance.This updated second edition covers the latest developments including the introduction of no fault divorce in April 2022 in accordance with the Divorce, Dissolution and Separation Act 2020 which means that on dissolution of a marriage or civil partnership the parties are granted a conditional order and final order of divorce, and that prior to the grant of the final order a financial agreement must be settled.ABOUT THE AUTHORLiz Cowell has over 30 years' experience in the practice of Family Law. She has lectured on spousal maintenance in the jurisdiction of England and Wales to fellow Family Practitioners for more than a decade. She has had experience of sitting on the Child Support Act Tribunal and, since the year 2000, has sat as a Deputy District Judge.Her interest in the Family Court's approach to spousal maintenance was sparked following anecdotal research done during the noughties, which demonstrated marked differences in the approach to spousal maintenance across the jurisdiction, in addition to a conference on the topic organised by Resolution, which further highlighted the problems encountered by many practitioners.Liz has built up a practice assisting clients facing issues with the Child Support Agency (as it was known then), and subsequently, has worked with parents who have been in need of help with the Child Maintenance Service. She is qualified as a Family Law Arbitrator, and is a firm believer in Arbitration as a form of Alternative Dispute Resolution (ADR).CONTENTSChapter 1 - IntroductionChapter 2 - HistoryChapter 3 - The Matrimonial Causes Act 1973 ("MCA 1973")Chapter 4 - The Statute and the RulesChapter 5 - Maintenance Pending Suit and Interim Periodical PaymentsChapter 6 - Applications Pursuant to Section 23 Matrimonial Causes Act 1973 for Periodical Payments of MaintenanceChapter 7 - The Clean Break ProblemChapter 8 - The Problems Surrounding Sharing the Payer's IncomeChapter 9 - Needs Are ElasticChapter 10 - Bonuses and How They Affect MaintenanceChapter 11 - CohabitationChapter 12 - Variation of Periodical PaymentsChapter 13 - CapitalisationChapter 14 - The Treatment of Bonuses in Financial SettlementChapter 15 - PensionsChapter 16 - BankruptcyChapter 17 - The Child Support Act 1991

Throughout history various dates have been noted as milestones, marking significant changes in family law. One such gamechanger was the Divorce Separation and Dissolution Act 2020 - No Fault Divorce - which became law in England and Wales on 6 April 2022. The long-awaited Act meant that couples could now divorce without one party laying blame with the other.'The Journey to No Fault Divorce: A Practical Guide' explores this historical Act and delves into the history which would lead to No Fault Divorce, and features some of the campaigners who fought for change to make divorce easier and for their rights - previously women had been treated as mere chattels. The book is not only aimed at legal professionals, but also at anyone with an interest in marriage and divorce.ABOUT THE AUTHORAuthor Liz Cowell is a veteran family law specialist and arbitrator with more than 30 years' experience under her belt. Based in the North West ofEngland, Liz has acted as partner at some of the region's most prestigious law firms and also works internationally with clients across the globe.She sits regularly as Deputy District Judge, delivers training seminars to fellow family lawyers and most recently has launched a practice focusing on Arbitration, a form of Alternative Dispute Resolution recommended by the gridlocked family courts.A regular contributor to the media both as writer and expert commentator, this is Liz's second book for Law Brief Publishing.Married with two adult sons, Liz loves Cornwall (where she tries to spend any holiday time) and modern art.CONTENTSChapter One - IntroductionChapter Two - The Beginning of The Right to DivorceChapter Three - Criminal ConversationChapter Four - The Years 1937-1969: Pre-WWII to Modern TimesChapter Five - The Need for Reform Post-1973Chapter Six - Owens -v- Owens [2018] EWCA Civ (182) / UKSC41Chapter Seven - Divorce, Dissolution and Separation Act 2020Chapter Eight - The FutureAppendix One - Form D8Appendix Two - Family Procedure Rules, Part 6