Lump sum orders

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Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in

Enforcement of financial orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in

Practice notes

Enforcing children orders (private law)

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

20th Oct

Practice notes

Procedure for an application for a non-molestation order

Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...

16th Oct

COVID-19

Practice notes

Child arrangements orders—residence

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

Leave to remove—external relocation

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

General principles—spousal and civil partner periodical payments

The court’s power to order periodical payments is contained in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5, Part 1,...

26th Sep

Practice notes

General principles of consent orders

This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...

26th Sep

Practice notes

Eligibility to apply under TOLATA 1996

Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...

26th Sep

Practice notes

Service of applications for matrimonial and civil partnership orders within the jurisdiction

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering...

26th Sep

Practice notes

FPR 2010, Part 18 applications—procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

COVID-19

Practice notes

Child arrangements orders—contact

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

26th Sep

Practice notes

The ground for divorce

Bar on petition for divorce within one year of marriageA petition for divorce cannot be presented to the court before the expiration of one year from...

26th Sep

Practice notes

Family law training materials

In addition to signposting on Key aspects of family law practice, the following common areas of family law are introduced in this Practice Note (in...

26th Sep

Practice notes

Issuing financial proceedings in Form A (standard procedure)

The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...

25th Sep

COVID-19

Practice notes

Child arrangements orders

Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...

25th Sep

Practice notes

Case law relating to TOLATA 1996 claims

This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...

25th Sep

Practice notes

Enforcing an order for sale

By virtue of section 24A of the Matrimonial Causes Act 1973 (MCA 1973) (and the Civil Partnership Act 2004 equivalent), the court can make an order...

Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Lump sum orders content

Precedents

Financial disclosure and Form E—client guide

This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your...

26th Sep

Precedents

Financial applications to the court—client guide (standard procedure)

This document provides general guidance regarding an application to court to resolve your financial arrangements on divorce or dissolution. Your...

26th Sep

Practice notes

Capitalised maintenance on variation

This Practice Note sets out the circumstances in which the court may make a lump sum order by way of capitalised maintenance on an application for the...

26th Sep

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

26th Sep

Practice notes

Lump sum orders by instalments

Courts' powersUnder section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973), and the equivalent provisions of the Civil Partnership Act 2004...

26th Sep

Q&As

When drafting an order for a lump sum by instalments/a sum paid by a number of individual payments, to avoid it being variable how should that be expressed? What aspects of a lump sum paid by instalments are variable? Can a lump sum paid by instalments be varied as to timing and the manner by which it is paid but not as to quantum?

Section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) gives the court the ability to order a single lump sum or a series of lump sums in one...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep

Q&As

Can a party apply for an interim lump sum order to be made in advance of a final hearing where the solvency of their business is a concern and the business is likely to fail if an order is not made prior to the final hearing?

The starting point is section 23 of the Matrimonial Causes Act 1973 (MCA 1973), which gives the court jurisdiction to make lump sum orders and...

Produced in partnership with Marissa Allman of The 36 Group 28th Sep

Q&As

Where an order includes provision for a lump sum to be paid by the applicant to the respondent within 21 days of the date of the order, should provision be included for the applicant to give an undertaking to pay the lump sum? If so, what is the authority for this?

The power to order payment of a lump sum from one spouse to the other is contained in section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973)....

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

In proceedings for a financial remedy on divorce can the court order the parties to renovate or do works to a property from their own funds prior to sale of the property?

The powers of the court are set out in sections 23–24 of the Matrimonial Causes Act 1973 (MCA 1973). While those powers relate to the sale of land and...

Produced in partnership with Matthew Haynes of St Ives Chambers 28th Sep

Q&As

Is it possible to make an interim application for a lump sum pending the outcome of a financial agreement/order, where the lump sum is required to assist in purchase of alternative property?

Pending the final determination of an application for a financial order, the court may make an interim order on such terms as they think just....

28th Sep

Q&As

Can the court make more than one lump sum or order?

Section 23(8) of the Matrimonial Causes Act 1973 (MCA 1973) provides:'The powers of the court under this section to make one or more financial...

28th Sep

Q&As

Can a financial consent order, or a final order made by the court, include provision for both parties to each pay lump sums to the other party, ie for there to be two lump sums with different payers and payees in the order?

The court can make a lump sum order (payable either in one sum or by instalments), a series of lump sum orders or a deferred lump sum order. That...

Produced in partnership with Paul Infield of The 36 Group 28th Sep

Q&As

When does a financial order become enforceable? Where both parties have been advised that the judge has approved a consent order but one month later the sealed version from the court is still awaited, what are the consequences for the payer of a lump sum in terms of interest payable to the payee?

The difference between a judgment and a sealed order has mainly been considered in case law in the context of appeals. In Stewart v Engel at 524, Sir...

28th Sep

Q&As

On divorce, where the parties own the family home, how would a financial consent order be drafted so that a third party buys out one spouse's interest in the family home rather than the other spouse?

The parties to divorce proceedings are the petitioner and respondent, and therefore only they will be bound by a financial order made by the court in...

28th Sep

Q&As