Supreme Court overturns Court of Appeal’s ruling on spousal maintenance case – Industry reacts

26 / 07 / 2018

Charmaine Hast’s comments were featured in eprivateclient.

“The Supreme Court’s ruling today endorses the equitable principle that you cannot have two bites of the cherry in respect of a capital claim, despite having a maintenance claim still open. Mrs Mills has been prevented from continuing her reliance on her former husband which is only fair as she has not been his wife for the last 16 years. The effect of this judgment will be to send a message to those who have already received a divorce settlement that there will be no more capital after this even under the guise of the word “maintenance”. In light of this judgment, perhaps the English courts will now no longer pander to those who make risky financial decisions post-divorce  believing that they can always go back for more capital.”

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