Family provision claims—variation, discharge, suspension and revival of orders

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Published by a LexisNexis Private Client expert

Practice notes

Family provision claims—variation, discharge, suspension and revival of orders

Copyright © 2025 LexisNexis

Published by a LexisNexis Private Client expert

Practice notes

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Orders made by the court under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) should ideally be final. Indeed, not all orders of the court can be varied but it is possible, under the I(PFD)A 1975, to alter the effect of some orders to reflect, for instance, a change in circumstances, It is also possible to vary orders made in the course of divorce proceedings.

There is no reported case of an application under I(PFD)A 1975 for a variation by any person other than the original applicant.

periodical payments

Such orders, having been made under I(PFD)A 1975, s 2(1)(a) can be varied or discharged or have any part of them temporarily suspended or revived after suspension. Specific statutory authority is given to allow the court, within its power to vary, to make an order for periodical payments after the original order has expired due to the occurrence of a specified event or on expiration of a time limit.

The applicant

Those who can apply are set out in I(PFD)A 1975:

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Jurisdiction(s):

United Kingdom

Key definition:

Periodical payments definition

What does Periodical payments mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

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