Q&As

If a consent order includes provision for child maintenance in financial remedy proceedings, but no order for spousal maintenance, would there be a clean break in respect of capital and not in respect of income?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 13/02/2017

The following Family Q&A Produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • If a consent order includes provision for child maintenance in financial remedy proceedings, but no order for spousal maintenance, would there be a clean break in respect of capital and not in respect of income?

Section 23(1) of the Matrimonial Causes Act 1973 (MCA 1973) contains the principal power to make spousal periodical payments orders on divorce—the section provides that:

‘on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter…the court can make one or more of the following orders [a) a periodical payments order]’.

As the court can make ‘one or more’ spousal periodical payments orders, to achieve a valid ‘clean break’ (in the sense of an utter end to spousal maintenance) a final financial remedy order must therefore not only dismiss any existing claim for spousal periodic

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