FINANCIAL ORDERS

The Court has very wide powers in relation to division of the assets between the parties on a Divorce. The available orders are:- 

Periodical Payments

Also known as a maintenance order requiring one party to pay maintenance to the other. The court does not have any power to order maintenance for any children of the family as this is now under the jurisdiction of the Children Support Agency who are in independent government body set up solely to deal with the assessment and collection of child maintenance.  

These day the Courts are more inclined to avoid maintenance orders where possible . The court must first consider whether a clean break is possible and if it is not possible then maintenance will be considered. When ordered maintenance will in most cases be limited to a period of time. A Clean break will not be possible where there are young children and the wife (or parent with care) is unable to earn sufficient income.  

Sometimes it may be possible to achieve a clean break by releasing the paying party from maintenance liability if the receiving party can be compensated by additional capital e.g. he/she may take a greater share of the matrimonial home or other asset.  

Periodical Payments
Secured Periodical Payments
Lump Sum Order
Property Adjustment Orders
Case Example
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