Skip to main content

News story

July 29, 2018

Divorcing couples must be prudent in managing their settlement proceeds

The Supreme Court issues a further warning

In the case of Mills v Mills, the Supreme Court has further warned divorcing couples that they must be prudent with managing their settlement proceeds and exercise caution before making applications to hold their ex-spouse responsible for their self-inflicted financial difficulties.

The Supreme Court found that Mrs Mills had mismanaged her original share of the divorce proceeds and her subsequent property investments between 2002 and 2009, leaving her without property ownership and at the mercy of the private rental market. When the case returned to the court in 2015, Mrs Mills had amassed debts for c. £42,000. Her application sought to increase her joint lives maintenance order from £1,100 per month from her ex-husband to £1,441 monthly to assist her vulnerable financial position and high rental payments.

The Supreme Court did not go as far as to permit Mr Mills’ counter application in reducing or terminating his maintenance obligations. However, by refusing his ex-wife’s application to increase the joint lives maintenance order, they have reiterated the established case law pattern of the past few years, that the courts of England and Wales should seek to achieve a clean break if circumstances enable it. Although maintenance may be ordered, there is to be an implied term on the part of the maintenance recipient that they must prudently manage their financial assets and seek to maximise their earning capacity.

Accordingly, this judgment will stand as an important reminder to all couples engaged in financial remedy negotiations that the bar has been raised when seeking to increase post-settlement maintenance at court, specifically where that increased need has been generated by their own failure to use a lump sum order for housing needs and/or a failure to manage their monthly budget in line with their income stream.

Whilst the court has not removed the option of a joint lives maintenance order, those that are ordered will now be accompanied by a stark reminder that a future upwards variation must be wholly justified and generated by circumstances beyond the applicant’s reasonable control.

This case is an important step to ensure divorcing couples realise they must make strides towards financial independence rather than relying on their former spouse’s income retrospectively. As such, the “meal ticket for life” has, through Lord Wilson’s judgment, been placed on a diet.

If you have any questions over settlement proceeds, speak to family lawyer Pippa Marshall today.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more
  • Employers need to support couples during relationship breakups
    Family Christmases are often followed by the news of unhappy couples calling it quits in January, leading to so-called "Divorce Day", as family lawyers receive numerous enquiries when they reopen after the Christmas break.


    Read more
  • What are trustee responsibilities? A guide to key duties and best practices
    Trustees' responsibilities encompass a wide range of duties when overseeing a trust estate under their care.


    Read more
  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more

What they say...

  • Howard, December 2024
    “Outstanding service. The process from start to finish was run so smoothly. Very professional and everyone involved was a pleasure to deal with and helped with easy to understand guidance, especially during this difficult time of losing a close

  • Ms McVeigh, December 2024
    Advice on redundancy, exit negotiations and settlement “I would like to express my gratitude to RIAA Barker Gillette (UK) LLP and specifically, Patrick Simpson for handling my case with professionalism whilst being prompt and personable. The pr

  • Rob Henderson, December 2024
    “Thoroughly professional. Way to deal with and access.” Contract review

  • Ms Lind, December 2024
    “I would highly recommend Patrick! Patrick advised me when I was being made redundant, making sure I was aware of my rights and advocated for me in all communications with my company. He came across very professional, trustworthy and knowledgea

  • Pal Peshikaj, December 2024
    “Compare Ben Marks and Martin Alfreds with MJ and Pippen – the conveyancers dream team. Both Ben and Martin were amazing in assisting us with the completion of our first purchase. Martin was always accessible, understanding and prompt whe

Read more
Send this to a friend