Capitalised maintenance—Duxbury calculations

Copyright © 2025 LexisNexis
Published by a LexisNexis Family expert
Practice notes

Capitalised maintenance—Duxbury calculations

Copyright © 2025 LexisNexis

Published by a LexisNexis Family expert

Practice notes
imgtext

This Practice Note provides guidance on the basis and use of Duxbury calculations in relation to the calculation of capitalised spousal or civil partner maintenance/periodical payments, within financial remedy proceedings, including the assumptions made, limitations and the suitability of such calculations. It also considers the courts’ approach to rates of return generally.

The basis of Duxbury calculations

A Duxbury calculation is a calculation designed to identify the capital sum required to meet a periodical payment requirement at a fixed rate for the remainder of the recipient’s life (ie their actuarial life expectancy). The actual rate of return on the capital by a recipient is far from certain however and Duxbury calculations were referred to as a 'tool and not a rule' by Thorpe LJ in White v White. See also: Limitations of Duxbury calculations. The Duxbury tables are available via: At a Glance 2024–2025.

The court has a duty to consider whether a clean break is achievable between the parties, ie that the financial obligations of each party towards the other will be terminated as soon after the grant

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Maintenance definition
What does Maintenance mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

Read more

Popular documents

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on divorce, the court is under a duty to consider whether it would be appropriate to exercise its powers so

Which financial statement should I use: Form E, Form E1 or Form E2?

Which financial statement should I use: Form E, Form E1 or Form E2?The court form prescribed financial statement is used to set out each party's relevant financial and other circumstances when a financial application has been made. Both parties are required to simultaneously exchange with each

Separation agreements—client guide

Separation agreements—client guideThis document provides general guidance regarding separation agreements. Your family lawyer will be able to provide specific advice based on your circumstances.What is a separation agreement?People who are already married or in a civil partnership can enter into a

A financial consent order was sent to the court, but the court’s approval was refused as the order was

A financial consent order was sent to the court, but the court’s approval was refused as the order was not considered to be a fair settlement for one party. That party had proceeded with the initial agreement against legal advice. Can the terms of the order be renegotiated with the other party, and