fbpx

News Article

La Dolce Vita turning sour on divorce payment

La Dolce Vita turning sour on divorce payment for wealthy Italians as reported this week may indicate the winds of change for separation settlements in Cheshire according to Northwich solicitors Stonehewer Moss. The Supreme Court in Italy has stopped courts from making lifetime maintenance orders to uphold high lifestyles, in a case widely reported here called Grilli v Lowenstein. The judges seemed taciturn (from the Roman historian Tactitus` curt writing style) in briefly commenting that times have changed. While our brief summers may make thoughts of Italian vistas and the sweet life wistful, the case may have hard headed relevance in pre Brexit Britain as the media reports make an intriguing comment upon the views of the Court about human rights as follows, “The judges said they also were making the new ruling because an obligation for ex spouses to pay high maintenance could constitute “an obstacle to starting a new family,” which is a right guaranteed by the European Court of Human Rights.” There is common application of the European convention on human rights here thanks at present to the Human Rights Act and this common sense observation by the Italian Judiciary should be taken as sensibly in Cheshire divorces as it is on the Veneto.

The issue is this; on deciding a fair outcome for a couple in divorce the court considers all the circumstances including the length of marriage, lifestyle and resources but a body of case law exists that suggest after along marriage when income resources are not equal with a high earner that person should pay without limit reflecting the lifestyle as far as it can be unless with certainty the court can find as fact the weaker earner can replace that income source by a certain date. A hard working high earner in a divorce not necessarily of his or her own making might then find that re-marriage is impossible because of the demands on his or her income arising from divorce.

Cui bono? Cicero would have been a good choice as advocate in a divorce; certainly the payer may think it is not him or that benefits and a wrecked marriage reaching into the rest of your life logically does place such an obstacle to starting afresh with another family. Perhaps the time has come for the change in society to be reflected in divorce settlements.

La Dolce Vita turning sour on divorce payment; a conundrum that can find resolution with a positive approach to negotiation or the divorce process.

For advice negotiation and representation in divorce in Cheshire please call 01606 872200 or email info@piplaw.co.uk visit www.stonehewermoss.co.uk

Tags:

Facebook Posts

The Premier League is back! Happy? Hopeful? Don't care? ... See MoreSee Less

View on Facebook

4 days ago

Stonehewer Moss Solicitors

🎈🎂 A massive birthday shout out to our Senior Partner, Dominic Moss. From all of your team here, we wish you a very Happy Birthday and hope you celebrate in style... starting with Sarah’s homemade Freddo cake!
Have a good one Dom. Here’s to you 🥂🎂🎈
... See MoreSee Less

View on Facebook

Get In Touch

Contact our expert team of friendly Northwich lawyers

FREE advice

Refer A Friend

Know someone who is looking for a good injury lawyer? Get more than just a thank you for recommending us to your family or friends.

See Details

Latest News

Keep up to date with all the latest news and events from our friendly team.

Read More

Rate Stonehewermoss Solicitors

Stonehewer Moss Family Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Family and Corporate Solicitors Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

Contact Us

Contact Us

To get in touch simply fill out the short form below and we will reply very shortly, and definitely within 24 hours. The online enquiry form is completely safe and secure, and your details will not be available to anyone other than Stonehewer Moss Solicitors.

Contact Form

This website uses Cookies to improve your browsing experience and to help with our marketing. You can read more about removing Cookies here.

I'm fine with this