Periodical payments—variation—procedure
Periodical payments—variation—procedure

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

  • Periodical payments—variation—procedure
  • Legislative provisions
  • Procedure for applications issued on or after 4 June 2018 (fast-track)
  • Procedure for applications issued on or after 22 April 2014 and prior to 4 June 2018
  • Request for change of applicable procedure

This Practice Note is impacted by the decision of the UK on 23 June 2016 to leave the EU. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on the procedure for the variation of a periodical payments order.

Changes to the procedure on an application for variation of a financial remedy order came into effect on 22 April 2014. The Family Procedure (Amendment No 3) Rules 2013, SI 2013/3204 amended the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, Ch 5 (SI 2010/2955, 9.18–9.21A), so that the accelerated (or shortened) financial remedy procedure applied to a variation application. That remains the position where an application was issued prior to 4 June 2018.

For applications issued on or after 4 June 2018, the Family Procedure (Amendment) Rules 2018, SI 2018/440 amended FPR 2010 and introduced new provisions as to ‘fast-track’ and ‘standard’ procedures in relation to an application for a financial remedy, including procedural changes. Where previously a variation application generally came under the accelerated/shortened procedure (now ‘fast-track’), from 4 June 2018 an application for the variation of a periodical payments order only (with exceptions, see below) will be dealt with under the fast-track procedure. On any other type of application