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

  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more

What they say...

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

  • Client, April 2026
    So helpful! “Pippa Marshall listened and offered supportive, practical advice. She was very friendly, easy to talk to and did not pressure me to make any costly decisions during my free 30-minute consultation. I would definitely recommend Pippa

  • Nika Franke-Matthecka, April 2026
    “We had an excellent experience working with Michael Davies and his team on the sale of our property. They were efficient, knowledgeable, and highly diligent throughout the entire process. Communication was always prompt and clear, which made w

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

Read more
Send this to a friend