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 determining whether