22-07-04

Karen Parlour Clintons family law team is representing Karen Parlour in her proceedings for ancillary relief against her former husband, the footballer Ray Parlour. The Court of Appeal has once again emphasised the importance of the principle of the clean break in financial proceedings upon divorce. Karen Parlour has been awarded substantial periodical payments on the strict understanding that she must invest the majority of that income so as to build up a capital fund which should produce sufficient income in the future to allow the Court to make an order terminating Ray Parlour's obligation to maintain her as soon as possible. This year she was awarded the sum of Ј444,000 from which she is expected to save Ј294,000. In the next three years she will receive 37.5% of his income. At the end of those three years the Court will assess what she has been able to save and that point will decide whether a clean break can be achieved. This will obviously depend on whether Mr Parlour has continued to earn at his present high level. This decision makes it clear for the first time that it is permissible for the Court to make an order which will enable capital to be built up from income by the receiving party. In the past it was only the paying party who was able to save for the future. Accordingly this decision introduces a greater measure of fairness as between the parties. However, it must be emphasised that this judgement will apply in only a very limited number of cases, where the family's income is so high that there is a substantial surplus left after both party's reasonable income needs and those of any children have been met.
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