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.
