Spousal/civil partner periodical payments

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?

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...

18th Aug

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?

Can an application be made for exemption from attendance at a mediation information and assessment meeting (MIAM) where the applicant is no longer in...

18th Aug

Q&As

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application for enforcement be made to ensure prompt payment?

Where an order for spousal maintenance has been made and the payer delays paying the maintenance each month until they are chased, can an application...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

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?

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...

18th Aug

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?

Does the court have jurisdiction to make a maintenance order on an interim basis where decree absolute has already been pronounced? Are the applicable...

18th Aug

Practice notes

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

Registration of a maintenance order made in the High Court in the Family CourtNote that the single Family Court replaced the previous three tiers of...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

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...

18th Aug

COVID-19

Practice notes

Periodical payments—variation—procedure

Periodical payments—variation—procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding...

18th Aug

COVID-19

Practice notes

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...

18th Aug

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...

18th Aug

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...

15th Aug

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...

15th Aug

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...

15th Aug

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...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Aug

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

15th Aug

Q&As

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not only the arrears that have accrued to date but also future payments due under the periodical payments order?

Where a party has failed to make payments in accordance with a periodical payments order, can an application for a third party debt order include not...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the court make an order that the shares (or income from the shares) be transferred/paid to the receiving party, where the paying party does not have sufficient income from employment or savings to continue paying the maintenance, in order to capitalise the periodical payments order?

On an application for the termination of a periodical payments order, can the court take into account shares owned by the paying party? If so, can the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

On an application under section 31 of the Matrimonial Causes Act 1973 to vary an existing unsecured spousal periodical payments order, can the court vary the order to make provision for it to be secured? Are there any case law examples of this?

On an application under section 31 of the Matrimonial Causes Act 1973 to vary an existing unsecured spousal periodical payments order, can the court...

Produced in partnership with Matthew Haynes of St Ives Chambers 15th Aug

Precedents

Spousal and civil partner maintenance—client guide

Spousal and civil partner maintenance—client guideThis document provides general guidance regarding an application to the court for maintenance on...

15th Aug

Q&As

If there are new pension assets, can these be shared despite there being a clean break in regard to pension sharing?

If there are new pension assets, can these be shared despite there being a clean break in regard to pension sharing?When a married couple divorce, the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

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