Spousal/civil partner periodical payments

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Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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20th Oct
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Procedure for an application for a non-molestation order—Covid-19In the exceptional circumstances of the coronavirus (COVID-19) pandemic guidance has...
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16th Oct
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
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,...
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26th Sep
Practice notes
This Practice Note sets out the procedural steps to be taken where the parties have reached agreement by consent within financial remedy proceedings,...
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26th Sep
Practice notes
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
26th Sep
Practice notes
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...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
The Family Procedure (Amendment) Rules 2018, SI 2018/440, amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, primarily introducing new...
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25th Sep
Practice notes
Child arrangements orders Since 22 April 2014, when section 12 of the Children and Families Act 2014 (CFA 2014) came into effect, the...
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25th Sep
Practice notes
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),...
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25th Sep
Practice notes
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...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 25th Sep

Most recent Spousal/civil partner periodical payments content

Practice notes
The court’s power to vary orders is set out in section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and in Schedule 5 to the Civil Partnership Act...
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25th Sep
Practice notes
This Practice Note explains the effect that remarriage, forming a civil partnership, or cohabitation have on the ability to apply for financial...
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25th Sep
Practice notes
Note that the single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court), save that...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Sep
Practice notes
A means of payment order (MPO) is an order requiring the payer of a 'qualifying periodical maintenance order' to make payments by a particular method...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 26th Sep
Precedents
This document provides general guidance regarding financial disclosure. Your family lawyer will be able to provide specific advice based on your...
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26th Sep
Practice notes
Duty of the court to consider a clean breakAlthough there is no presumption in favour of there being a financial clean break between parties on...
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26th Sep
Precedents
This document provides general guidance regarding an application to court to resolve your financial arrangements on divorce or dissolution. Your...
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26th Sep
Precedents
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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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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26th Sep
Practice notes
Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached, where it is to be...
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26th Sep
Practice notes
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,...
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26th Sep
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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26th Sep
Q&As
If the original order made within the financial remedy proceedings set a specific date for payment of spousal maintenance each month, or provided...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
Section 23(1) of the Matrimonial Causes Act 1973 (MCA 1973) contains the principal power to make spousal periodical payments orders on divorce—the...
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Produced in partnership with Nicholas Starks of St Ives Chambers 28th Sep
Q&As
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 28th Sep
Q&As
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 28th Sep
Q&As
The usual wording as to the index linking of periodical payments is as set out in the Precedent: Standard order 2.1—financial remedy order—omnibus at...
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28th Sep
Q&As
Section 31(1) of the Matrimonial Causes Act 1973 provides: ‘Where the court has made an order to which this section applies, then, subject to the...
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Produced in partnership with Max Turnell of 1 King’s Bench Walk 28th Sep
Q&As
When a married couple divorce, the court has wide-ranging powers to divide up the matrimonial assets, regardless of whose name they are in....
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

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