In divorce and civil partnership dissolution the Duxbury Tables may play a part – whether your case is heard by a judge or not.  The Duxbury calculation is one method by which a court can arrive at an appropriate lump sum figure to replace regular maintenance payments. The calculation also provides a useful reference point for parties attempting to negotiate a financial settlement without the court’s assistance.

Why the name ‘Duxbury’?

The term comes from the 1992 divorce case of Duxbury v Duxbury. Husband and wife both wanted a clean break and lawyers proposed a lump sum. Mrs. Duxbury’s team produced a spreadsheet of figures that aimed to work out her lifetime income needs and the lump sum that would be required to satisfy them.

What does the calculation involve?

The Duxbury Tables are designed to produce a lump sum for investment. If the figure is correct, it should enable the recipient spouse to receive an income from the invested sum that would be equivalent to regular maintenance payments from a former spouse.

The calculations also make room for some use of the underlying capital by the recipient spouse.

Of course as with any actuarial sum of this kind there is an element of unpredictability. It’s necessary for example to estimate factors such as life expectancy, future capital growth rate and inflation. In theory if a recipient of a Duxbury-influenced lump sum lives longer than assumed in the initial calculation there would be no lump sum left from which to draw an income.

Do I have to use the Duxbury rules?

No. But they are particularly useful when both parties want a clean break and there are appropriate assets of sufficient value to make the lump sum payment.

They can also be used to adjust previously made maintenance order – although not to replace financial provisions previously set up for children.

Can I do the calculation myself?

In theory, yes.  But if you are unused to what might be complex financial calculations it would be advisable to seek expert advice. Not just on the figure you might expect by way of a lump sum but also on the question of whether a Duxbury calculation and lump sum is suitable in your particular circumstances.

The idea of a lump sum may be attractive but there will always be an element of uncertainty attached to a Duxbury calculation given the assumptions on life expectancy, future inflation and the return on your investment we have mentioned.

Are the figures set in stone? The ‘Duxbury Paradox’

They are guidelines – but important ones. As in every divorce, courts must have regard to fairness between the parties when reaching any decision on financial matters. And judges may use their discretion when deciding what is and what is not ‘fair’.

One criticism of the Duxbury rules is that, if applied rigidly, a young spouse, divorcing after a short marriage will receive a larger sum than an older spouse who has had a long marriage and perhaps made a greater contribution to marital wealth. Judges will take account of this situation, known as the ‘Duxbury Paradox’.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

I had a 30-minute consultation with Samantha Jago where she clearly explained all my options and followed up with a detailed email of notes. I would highly recommend if you need help to clarify where you stand and getting options for how you move forward.

Jun 2024   Katherine Davey

I recently had a one hour pro bono consultation with Samantha Jago. I was really blown away by how much she was able to digest in such a short period of time and even more so by the report which I received shortly after.

Apr 2024   S DF

I had applied for a free consultation and I was contacted in a very short timeframe. Thank you so much for the insightful and thorough consultation, Kevin Danagher. You made me feel at ease and you provided clear expectations with the initial info I had provided... I have now a much better understanding on my query.

Feb 2024   Sonia Accardi

We had a very useful first consultation with Amber Matheson today. Amber took the time to understand our (somewhat complicated) set-up, and offered good, understandable advice on next steps. She followed up with a very thorough email clarifying what we had discussed. Highly recommended.

Feb 2024   Lucie

Lovely friendly experience. All questions were answered so that I understood completely.

Dec 2023   Ali Catlin

Very balanced, fair and pragmatic advice. Thoroughly recommend!!

Nov 2023   James Elliott

Henry graciously provided his time for a consultation. I found him to be highly knowledgeable, empathetic and he provided excellent advice which put my mind at ease. Would highly recommend Henry and his firm.

Oct 2023   Allan Ang

Henry Brookman went above and beyond during the free consultation, and even overran the allocated time. He provided invaluable professional advice in a courteous manner. I recommend his firm without reservation.

Sep 2023   Mario Ignatov

I only had my initial free review with Amelia yet I already feel much more strengthened in my legal and financial position. I am currently reflecting on the steps I want to take to negotiate my desired outcome of the financial settlement but, when I am ready to use the services of a lawyer, Amelia is definitely the top on my list.

Sep 2023   Nahid Toubia

I had a zoom consultation with Lauren Moir and she was incredible. Very patient, insightful and reassuring. She also advised me based on my previous conversations with another firm and also clarified various positions I am in. Highly recommend.

Aug 2023   Gary Hawes

I was very impressed with the friendly, helpful and professional service offered by Brookman Solicitors. The generous advice and knowledge offered during the initial free consultation has enabled us to have a much better understanding of our case and plan a way forward.

Jul 2023   Peter Jackson

I had a first consultation with Kevin, who very diligently and professionally provided an exhaustive overview of the divorce process and the best approach for my specific case.

Jul 2023   Giulia Matteo

Great service and excellent advice at the initial consultation. I would certainly recommend and use in the future.

Jul 2023   Tom James

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470