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Spousal/civil partner periodical payments

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Most recent Spousal/civil partner periodical payments content

Practice notes

Periodical payments—variation of orders

Periodical payments—variation of ordersThe court’s power to vary orders is set out in section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and in...
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15th May
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Practice notes

Periodical payments—drafting the order

Periodical payments—drafting the orderCare should be taken when drafting the terms of a periodical payments order to ensure that it reflects either...
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15th May
Practice notes

Capitalised maintenance on variation

Capitalised maintenance on variationThis Practice Note sets out the circumstances in which the court may make a lump sum order by way of capitalised...
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15th May
Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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15th May
Practice notes

Periodical payments—means of payment order

Periodical payments—means of payment orderA means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes

Impact of remarriage, subsequent civil partnership, or cohabitation

Impact of remarriage, subsequent civil partnership, or cohabitationThis Practice Note explains the effect that remarriage, forming a civil...
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15th May
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Financial clean break orders in family proceedings

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Registration of a maintenance order made in the High Court in the Family Court

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Produced in partnership with David Salter, deputy High Court judge and Recorder 15th May
Practice notes

General principles—spousal and civil partner periodical payments

General principles—spousal and civil partner periodical paymentsThe court’s power to order periodical payments is contained in section 23(1)(a) of the...
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15th May
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Periodical payments—variation—procedure

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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...
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1st Apr
Precedents

Spousal and civil partner maintenance—client guide

This document provides general guidance regarding an application to the court for maintenance on divorce or dissolution of a civil partnership. Your...
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14th Feb
Q&As

Can an application be made for exemption from attendance at a mediation information and assessment meeting (MIAM) where the applicant is no longer in employment and seeks to urgently vary a periodical payments order?

The requirements as to attendance at a mediation information and assessment meeting (MIAM) are set out in the following Practice Note:•Non-court...
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13th Feb
Q&As

Can a financial consent order include two separate spousal periodical payments orders with terms of different lengths?

The power for the court to make spousal periodical payments orders on divorce is contained in section 23 of the Matrimonial Causes Act 1973 (MCA...
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Produced in partnership with Nicholas Starks of St Ives Chambers 13th Feb
Q&As

Where an attachment of earnings order has been unsuccessful due to the debtor leaving their job, can another method of enforcement be applied for to enforce arrears of maintenance such as third party debt order?

The rules governing enforcement of orders within family proceedings are primarily contained in the Family Procedure Rules 2010 (FPR 2010), SI...
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13th Feb
Q&As

A party has been married previously. In relation to that marriage, no financial order was made by the court and they receive child maintenance only from their first spouse. Where that party doesn’t receive spousal maintenance from their second spouse, can they still claim spousal maintenance from the first spouse?

Once a party remarries, they are barred from making an application to the court for a financial provision order or property adjustment order (section...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 13th Feb
Q&As

Does the court have jurisdiction to make a maintenance order on an interim basis where decree absolute has already been pronounced? Are the applicable procedural rules under the Family Procedure Rules 2010 the same as on an application for maintenance pending suit?

Applications for interim maintenance orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.7, which requires an interim...
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13th Feb
Q&As

What factors should be covered in a statement in relation to an application under section 31 of the Matrimonial Causes Act 1973 to reduce or terminate global maintenance payments?

Section 31 of the Matrimonial Causes Act 1973 (MCA 1973) gives the court the power to vary or discharge orders that require payment of income to...
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13th Feb
Q&As

Where a judgment creditor wishes to enforce arrears of maintenance by way of an application for a charging order, is the permission of the court required to enforce arrears that are more than 12 months old in accordance with section 32 of the Matrimonial Causes Act 1973?

Under section 32(1) of the Matrimonial Causes Act 1973 (MCA 1973):‘A person shall not be entitled to enforce through the High Court or the family...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 12th Feb
Q&As

Is it possible to enforce a periodical payments order where the payer is resident in another jurisdiction?

The location of the debtor and their assets is always the starting point when considering international enforcement. There are large parts of the...
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27th Jan

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Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well