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S v S: FD 1986

Both parties sought a variation of a maintenance order. The former husband sought to be allowed to pay a sufficient capital sum to his former wife to commute the payment in her favour.
Held: Provided the sum could be paid and the result would not prejudice the arrangements for the children the variation sought by the husband should be made. The court should allow a clean break where possible.

Judges:

Waite J

Citations:

[1986] 1 FLR 71, [1986] 3 WLR 518

Statutes:

Matrimonial Causes Act 1973 31(7), Matrimonial and Family Proceedings Act 1984 6

Jurisdiction:

England and Wales

Cited by:

CitedPearce v Pearce CA 28-Jul-2003
The financial claims on divorce had been settled by a compromise recorded in a court order. The order included periodical payments to the former wife. After she suffered financial losses, she sought an increase, and the former husband sought an . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 06 May 2022; Ref: scu.186013

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