Variation of financial orders—client guide (standard procedure)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Family expert
Precedents

Variation of financial orders—client guide (standard procedure)


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Family expert

Precedents
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This document provides general guidance regarding an application to court to vary a financial order. Your family lawyer will be able to provide specific advice based on your circumstances.

What orders can the court vary?

The court can vary the following types of order:

  1. •

    maintenance pending suit or interim maintenance

  2. •

    periodical payments or secured periodical payments (also known as maintenance orders)—this includes reducing or increasing the amount payable and the length of time for which it should be paid; the court can also replace a maintenance order with a capital order (ie capitalisation, see below)

  3. •

    lump sums payable by instalments—it is highly unlikely that the court will vary the total amount payable but it may alter the timing and/or amount of the instalments ordered

  4. •

    orders for sale—the court can alter the mechanics and timing of the order but not the underlying division of the proceeds of sale

[An application to vary a periodical payments order must be made while the order is still in force. Provided the application is made during this period, the actual hearing may take place afterwards.]

In

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Jurisdiction(s):
United Kingdom

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