Global or ‘Segal’ orders definition

View the related practice notes about Global or ‘Segal’ orders

Child maintenance and financial provision—spouses and civil partners

Child maintenance and financial provision—spouses and civil partners This Practice Note considers the court’s powers to make financial provision for children in cases where the paying and receiving party are or have been married or in a civil partnership. It details the court’s power to make orders for periodical payments and capital orders, global or ‘Segal’ orders, and orders under the Domestic Proceedings and Magistrates’ Courts Act 1978 (DPMCA 1978) and its Civil Partnership Act 2004 (CPA 2004) equivalent (failure to maintain, application before lay justices). It also considers financial provision under Sch 1 to the Children Act 1989 (ChA 1989) involving parents who are or have been married or in a civil partnership, including cases where a financial order has already been made under the Matrimonial Causes Act 1973 (MCA 1973) or CPA 2004. The court does not have the power to make, vary or revive child maintenance orders where the Child Maintenance Service (CMS) has (or would have, were an application made) jurisdiction to make a...

Financial provision—glossary

Financial provision—glossary This glossary sets out commonly used terms relating to applications for a financial remedy in family proceedings. See also: • Pensions—glossary • Non-court dispute resolution glossary Brexit 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. See Practice Note: Family proceedings with EU connections—toolkit. Bundles The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 set out the requirements in relation to the contents and the filing of court bundles in family proceedings in FPR 2010, PD 27A. Amendments, in place from 23 July 2018, introduced page limits for certain types of documents, requirements in relation to bundles of authorities, and various provisions that make it clear that FPR 2010, PD 27A applies, with certain modifications, to electronic as well as paper...

View the related q&as about Global or ‘Segal’ orders

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation?

A provisional maintenance order was made in England and Wales and enforced in Singapore (where the paying party resides) under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972. If an agreement is reached between the parties as to the payment of arrears and future maintenance, can an application be made to vary the order by consent and include provision for the maintenance to be reduced pro tanto in the event of a calculation by the Child Maintenance Service (CMS)? If the paying party were to return to England and Wales, will the CMS then be able to make a calculation? This Q&A considers whether parties can vary by agreement an order for child maintenance that had originally been made in the jurisdiction of England and Wales under section 3 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (MO(RE)A 1972) and enforced in Singapore. Variation MO(RE)A 1972, s 3 provides that where an application is made to the family court for a maintenance order against...