Registration of a maintenance order made in the High Court in the Family Court
Produced in partnership with David Salter of Mills & Reeve
Registration of a maintenance order made in the High Court in the Family Court

The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Registration of a maintenance order made in the High Court in the Family Court
  • Reasons for registration
  • Procedure
  • Effect of registration
  • Enforcement options
  • Cancellation of registration

Note that the single Family Court replaced the previous three tiers of court structure (family proceedings court, County Court, High Court), save that the High Court retains exclusive jurisdiction over a limited number of cases (the reserved jurisdiction). The Family Court came into effect on 22 April 2014. See Practice Note: The single Family Court. Following the creation of the single Family Court, it is no longer necessary or possible to register a ‘County Court’ order in a ‘magistrates’ court’ for enforcement.

A periodical payments order made in the High Court may be registered in the Family Court for the purposes of enforcement. The key statutory provisions are set out in the Maintenance Orders Act 1958 (MOA 1958). The types of orders that may be registered are specified in Schedule 8 to the Administration of Justice Act 1970 (AJA 1970), ie ‘qualifying periodical maintenance orders’, which include:

  1. an order for periodical payments for a spouse (or a child) made under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004)—although a lump sum order is a maintenance order, it is only a ‘qualifying periodical maintenance order’ if payable by instalments

  2. exceptionally, an order for maintenance pending suit/outcome made under MCA 1973 or CPA 2004

  3. an order for financial provision under MCA 1973, s 27 (in case of