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See you in court, AGAIN: variation applications – clarity or confusion?

 Michael George and Aimee Fox have penned a review on variation applications for the latest issue of Family Law, contrasting the treatment of the applications for variations in income awards with those for non-income/capital provision.

The feature reviews two key cases of BT v CU and T v T, offers a postscript on PAG Report 2019 and suggests several lessons learnt from these important cases for divorce and financial settlement, notably:

  • The test for varying the quantum or rights vested under a non-income/capital award is either very high or in the alternative they are not amenable to variation as to quantum and these two strands of thinking persist for the moment
  • Practitioners should be mindful that an order for a series of lump sums may be deemed to be a camouflaged order for a series of lump sums and care needs to be made when advising and drafting
  • The costs rules as drafted do seem logical in the context of applications for variation of non-income/capital awards
  • Practitioners should be wary of inadvertently giving impermissible regulated financial advice if there is an option for an internal transfer.

This article was first published by LexisNexis® on 10 February 2022.

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