The following Family practice note provides comprehensive and up to date legal information covering:
By virtue of section 31 of the Matrimonial Causes Act 1973 (MCA 1973), and the corresponding provisions in the Civil Partnership Act 2004 (CPA 2004), the court has the power to vary or discharge certain orders for financial relief, see: Orders that can be varied and Orders that cannot be varied. More rarely the court may suspend an order, or revive a suspended provision. This Practice Note sets out the general provisions that apply to an application to vary. For further practical guidance on specific types of financial orders see Practice Notes:
General principles for maintenance pending suit—Variation and refunds
Periodical payments—variation of orders, Periodical payments—variation—procedure, and Capitalised maintenance on variation
General principles—lump sum orders—Variation
Trusts—variation of a nuptial settlement
Pensions on divorce etc—variation and appeals
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 the application was issued prior to 4 June 2018, however for applications issued on or after 4 June 2018, the Family Procedure (Amendment) Rules 2018, SI 2018/440 further amended FPR 2010, introducing new
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
There are several offences of tipping-off and prejudicing an investigation that apply to the regulated sector. There is also an offence of prejudicing an investigation that applies only to the unregulated sector. Both sectors are subject to an additional offence of interfering with documents.This
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.