What is a prenuptial agreement and is it enforceable?
- 15.07.2026
After a short marriage, my ex-wife has applied for maintenance from me, saying she cannot meet her needs. I earn a good salary but I pay a mortgage and support my children. When can a court order me to pay maintenance?
Spousal maintenance may be ordered under the Family Proceedings Act 1980 where one partner cannot meet their reasonable needs and the other can afford to pay. The court considers factors such as the standard of living during the marriage, the ability of each party to earn an income, the length of the relationship, care of children and each party's financial resources and commitments. The purpose is to bridge a transition period rather than provide lifelong support, and a court may order it for a limited time. Under the Property (Relationships) Act, a court can also address economic disparity through a lump sum or property adjustment instead. Provide full financial disclosure of your income and expenses to your lawyer, and attempt to negotiate an agreement or mediation before a court application.
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