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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.
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