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GLOSSARY

Nominal periodical payments order definition

Published by a LexisNexis Family expert

What does Nominal periodical payments order mean?

A nominal periodical payments order may be appropriate where one party does not have a claim for a substantive periodical payments order but an immediate clean break would be inappropriate.

A common scenario may be where the parent with care of the children is earning an income that is not dissimilar to that of the absent parent, yet the parent with care is looking after young children. The court may take the view that a clean break order should not be made in such circumstances as the parent with care requires the safety net of a periodical payments order in case they are unable to work in the future or there is a dramatic change in circumstances. The sum ordered is usually a nominal amount of 5p per annum. It is also common for nominal periodical payments orders to be made for a limited term that may tie in with the children of the relationship reaching a certain age: for example, it may remain in place until the youngest child reaches the age of 18.

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General principles—spousal and civil partner periodical payments

This Practice Note sets out the statutory checklist that will be considered by the courts in relation to periodical payments for a spouse or civil partner together with the types of orders that may be made and the approach to quantum. It deals with the circumstances in which any special needs of a party, such as a physical or mental disability, may be taken into account by the court. It considers term orders, including extendable and non-extendable term orders, section 28(1A) bars, and clean break provisions. It also sets out the courts’ approach to nominal orders and the variation of such orders.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, para 2(1)(a) of the Civil Partnership Act 2004 (CPA 2004), namely an order that either party to the marriage or civil partnership shall make to the other such periodical payments (commonly known as maintenance), for such term as may be specified in the order.In...

General principles—spousal and civil partner periodical payments

General principles—spousal and civil partner periodical payments This Practice Note sets out the statutory checklist that will be considered by the courts in relation to periodical payments for a spouse or civil partner together with the types of orders that may be made and the approach to quantum. It deals with the circumstances in which any special needs of a party, such as a physical or mental disability, may be taken into account by the court. It considers term orders, including extendable and non-extendable term orders, section 28(1A) bars, and clean break provisions. It also sets out the courts’ approach to nominal orders and the variation of such orders. 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, para 2(1)(a) of the Civil Partnership Act 2004 (CPA 2004), namely an order that either party to the marriage or civil partnership shall make to the other such periodical payments (commonly known as maintenance),...

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