This Practice Note details the types of financial orders that can and cannot be varied by the court. It also sets out the powers of the court under section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and the equivalent provisions under the Civil partnership Act 2004 (CPA 2004). It considers the types of Variation applications to which the fast-track (shortened) procedure applies under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, together with relevant case law and how an order may be varied by agreement.
By virtue of MCA 1973, s 31 and the corresponding provisions in 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:
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General principles for maintenance pending suit—Variation and refunds
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