Periodical payments—drafting the order
Periodical payments—drafting the order

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Periodical payments—drafting the order
  • Key considerations
  • Methods of payment
  • Secured periodical payments

Care should be taken when drafting the terms of a periodical payments order to ensure that it reflects either the agreement reached, where it is to be set out in a consent order, or the terms of an order where made by the court. The Precedent: Standard order 2.1—financial remedy order—omnibus, including periodical payments orders, has been issued by the President of the Family Division, the use of which is not obligatory but has been strongly encouraged. For further guidance on the standard orders project generally, see Practice Note: Standard orders—general principles.

See also Practice Notes: General principles of consent orders and Drafting the terms of a financial consent order.

Key considerations

While most periodical payments orders are relatively straightforward, the following are important issues to address in the drafting of an order:

  1. date of commencement—are the payments to commence on the making of the order, or a specific future date, such as the sale of the matrimonial home?

  2. on which day of the month the payments are to be made—consideration should be given to whether the payment date needs to tie in with the payer’s payday

  3. payment by standing order—from the recipient’s point of view, it is preferable for the order to specify that the payments are to be made by standing order and also to detail the account into