Lump sum orders by instalments

Published by a LexisNexis Family expert
Practice notes

Lump sum orders by instalments

Published by a LexisNexis Family expert

Practice notes
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Court’s powers

Under section 23(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973), and the equivalent provisions of the Civil partnership Act 2004 (CPA 2004), the court may order one party to a marriage/civil partnership to pay to the other ‘such lump sum or sums’ as may be specified. The court is not limited to ordering the payment of one lump sum and can order the payment of a series of lump sums. However, there can only be one application for a lump sum. Thus the court's power, under the legislative provisions, is limited to the ability to award one or more lump sums under the ambit of a single application. (This restriction does not apply to lump sums ordered to be paid to or for the benefit of a child of the family, the court’s power being exercisable ‘from time to time’). The court may however order one lump sum to be payable by a series of instalments, as opposed to a series of individual lump sums.

Regard should be had to the nature of the lump sum order

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Jurisdiction(s):
United Kingdom
Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

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