Lump sum orders

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Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

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Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

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Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Private children—paramountcy of the child's welfare

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Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...

Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan

Practice notes

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...

9th Nov

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

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

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

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9th Nov

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Practice notes

Statements of truth in family proceedings

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

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

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...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Lump sum orders content

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...

12th Jan

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 8th Jan

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 8th Jan

Q&As

A financial consent order has been made that provides for the former matrimonial home to be transferred to one spouse on the basis that they obtain the release of the other spouse from the mortgage and for a lump sum to be paid to the transferring spouse. A short time after the order was made, the spouse to whom the property was to be transferred has indicated that they are unable to secure the mortgage release and that they wish the property to be sold. If an order for sale is made, can an additional lump sum be made in favour of the transferring spouse to cover their additional costs and any capital gains tax liability?

Pursuant to section 31 of the Matrimonial Causes Act 1973 (MCA 1973), the court has the power to vary its own orders made within financial remedy...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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 8th Jan

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 8th Jan

Q&As

Can a consent order that includes provision for a deferred lump sum and a capital clean break be varied by consent to substitute the lump sum order with a pension sharing order and retain the clean break provisions?

A pension can only be transferred to another person on death or as a result of financial relief proceedings on divorce or dissolution.If the final...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

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 8th Jan

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

24th Dec

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...

24th Dec

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...

24th Dec

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...

28th Nov

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...

28th Nov

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 Nov

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 Nov

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 Nov

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 Nov

Lump sum orders

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Latest Family News

Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Notice of acting

Private children—paramountcy of the child's welfare

Pension attachment orders

The no order principle

Most recent Lump sum orders content

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Intercreditor agreement—key provisions

Forming enforceable contracts—consideration

Fraud by false representation

Loan Market Association (LMA)—news on documentation [Archived]

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