Q&As

Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

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Published on LexisPSL on 24/04/2017

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

  • Does the court have the power to order the payment of a mortgage and outgoings in a consent order, or does this have to be included as a recital only? The Precedent Standard order 2.1—financial remedy order—omnibus provides for the payment of outgoings in the main body of the order, but the court has just refused to approve it on the basis that it should be a recital instead.

The Precedent: Standard order 2.1—financial remedy order—omnibus derives from the suite of Precedent orders issued by the Financial Remedies Working Group (FRWG), led by Mr Justice Mostyn. Clause 61 of that Precedent replicates the wording of the order issued by the FRWG. For further background on the standard orders, see Practice Note: Standard orders—general principles.

It was noted by the FRWG that the Precedent: Standard order 2.1—financial remedy order—omnibus includes order clauses that historically have been dealt with by way of undertakings, and the explanation in the FRWG report dated 31 July 2014 (at para 84) is:

'A number of those responding to the consultation process queried whether, in relation to mortgage payments and other household outgoings, the court had power to direct one party t

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