The introduction of no fault divorce and dissolution of civil partnerships is a welcome step forward in what has often felt a like an outdated process which too often relied on one pointing the finger of blame at the other, particularly if they wanted...
The court has the power to direct one partner to make payments to another, known as periodical payments or maintenance payments.
Unlike other financial orders, the court does have the power to make an order for interim maintenance payments to be paid from the date of the petition. A maintenance order directs one partner to make payments to the other during the course of the financial proceedings until the final financial agreement has been reached. A maintenance order may be appropriate in circumstances where there has been an income financial imbalance, for example where one partner has been the main earner or if one partner has stopped working.
The court has a duty to consider whether a clean break order, cutting all financial ties between a couple, is appropriate. If a maintenance order is made, it is not possible for parties to have a clean break and this will have financial and legal consequences for both parties. It is possible for payments to be capitalised into a lump sum or for payments to be reduced over time.
If you or your spouse are likely to seek a maintenance order, our expert finance solicitors can advise you in relation to your own individual circumstances. Call us on 0161 696 6193 .