Q&As

Can a party apply for an interim lump sum order to be made in advance of a final hearing where the solvency of their business is a concern and the business is likely to fail if an order is not made prior to the final hearing?

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Produced in partnership with Marissa Allman of The 36 Group
Published on LexisPSL on 20/08/2020

The following Family Q&A produced in partnership with Marissa Allman of The 36 Group provides comprehensive and up to date legal information covering:

  • Can a party apply for an interim lump sum order to be made in advance of a final hearing where the solvency of their business is a concern and the business is likely to fail if an order is not made prior to the final hearing?

The starting point is section 23 of the Matrimonial Causes Act 1973 (MCA 1973), which gives the court jurisdiction to make lump sum orders and specifies which orders the court can make. In particular, MCA 1973, s 23(1)(c) provides as follows:

'(1) On granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or of nullity of marriage, before or after the decree is made absolute), the court may make any one or more of the following orders, that is to say:

[...]

(c) an order that either party to the marriage shall pay to the other such lump sum or sums as may be so specified'

Statute therefore provides for a lump sum order to be made only once, albeit such order may be made in a series of instalments. There is no express statutory provision for interim capital orders.

The Court of Appeal considered the express ques

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