Q&As

A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?

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Produced in partnership with
Published on LexisPSL on 17/09/2019

The following Family Q&A Produced in partnership with provides comprehensive and up to date legal information covering:

  • A periodical payments order was made by consent in 2001 providing for 50% of a spouse’s pension to be paid direct by the pension company to the other spouse. The order was not made as a pension sharing or pension attachment order. The recipient spouse remarried at some point following the order being made, but the payments continued. On the basis that the periodical payments order should have ended on remarriage by virtue of section 28(1)(a) of the Matrimonial Causes Act 1973, how may the overpayments be recovered and from whom?

Under section 28 of the Matrimonial Causes Act 1973 (MCA 1973), a periodical payments order automatically ceases to have effect on remarriage of the recipient. If, for whatever reason, this does not happen, it is possible to make an application for repayment. See Practice Note: Impact of remarriage, subsequent civil partnership, or cohabitation.

MCA 1973, s 38 provides that where:

  1. a periodical payments or secured periodical payments order in favour of a party to a marriage has ceased to have effect by reason of the remarriage of, or formation of a civil partnership by, that party, and

  2. the person liable to make payments under the order or their personal representatives made payments in accordance with the order in respect of a period after the date of the remarriage or formation of the civil partnership in the mistaken belief that the order was still subsisting

on an application by the payer the court may order the payee to pay a sum equal to the amount of the payments made in respect of

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