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Summarised family law lpc notes
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Summarised family law lpc notes
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FINANCIAL ORDERS ON DIVORCEClient entitled to financial remedy in her own right and not just
to be provided with a home until the children had grown up?
Children are put first but spouse has provision
Apply S25 MCA
His contribution is full and her is good as she paying for school
fees and puts money in his account to help with bills.
Needs met and sharing principle applies?
AVAILABLE ORDERS
ss22 -24E Matrimonial Causes Act 1973
Maintenance Pending Suit (MPS) (s22)
Periodical and Secured Periodical Payments (PPO and SPPO)
(s23)
Lump Sum Payments (s23)
Property Adjustment Orders (s24)
Orders for Sale (s24A)
Pension Sharing Orders (s24B)
Pension Compensation Sharing Orders (s24E)
Availability
All require a petition to be filed and then application can be
made/pursued
MPS can be granted once petition filed but ends at decree
absolute
Other orders cannot be made until decree nisi and are only
effective on decree absolute but they can be made at any time
after a decree
s28(3) places a bar on making an application for your own
benefit for financial provision or property adjustment orders after
remarriage
Otherwise, no time limit, though delay might reduce or eliminate
Respondent’s liability – Wyatt v Vince [2015] UKSC 14
University of Westminster 1 Family Law LPC
, Financial Provision Orders for children can be made at any time
after petition filed but property adjustment must await decree
nisi to be made and decree absolute to take effect. Not affected
by remarriage prohibition
Maintenance Pending Suit
Made any time after petition filed
Application under Part 18 using D11
May be backdated to the date of filing the petition
End at decree absolute (can be turned into (interim) PPO
s22(2) introduced by LASPO – cannot include an amount to cover
legal services as it creates a legal services order instead
(ss22ZA and 22ZB deal with orders for payment in respect of
legal services)
Will have to show that you have a shortfall between income and
expenditure which the Respondent can meet and which cannot
await final resolution
Sole criterion is reasonableness; standard of living is an
important factor
Will not have full disclosure of means at this stage but will need
to show whatever figures are available
Court will tend to go for a figure on the low side
Consider the possibility of benefits if available
If the MPS does not relieve the hardship will have to apply for
benefit anyway and maintenance reduces benefit pound for
pound
MPS increases cost and bad feeling between the parties, may be
difficult to enforce, will require eligibility for legal aid
May be more appropriate where a rich party has left the other
party with outgoings that are not being met
Periodical and Secured Periodical Payments (s23)
PPO is for regular (eg weekly or monthly) payments
University of Westminster 2 Family Law LPC
, Last until death of either party or the recipient’s remarriage
Alternatively the court may order them simply for a period of
time to allow a party to become financially independent
s25A(2) means the court must consider limiting the duration of
PPO
Secured PPOs are a way of guaranteeing payment
either
an asset produces an income part or all of which is paid
or
the secured asset is liable to be sold if PPO is defaulted on
Secured PPOs are not terminated by the death of payer
Lump Sum Payments (s23)
Payment of a sum of capital either in one go or by instalments
If by instalments may be secured and may order interest to be
payable
May only apply for one lump sum order. (s31(7B) is an exception
- on an a discharge of a PPO or a variation to a limited term PPO)
Property Adjustment Orders (s24)
Transfer of property from one party to another
such as the home, car etc
Settlement of property
transferring property into joint names to be held on trust of land
Variation of a settlement
altering the terms on which a house is held on trust of land
Orders for Sale (s24A)
this order has to be in addition to an order for secured periodical
payments, lump sum or property adjustment
if so then on making that order or at any time thereafter the
court can make an order for sale
University of Westminster 3 Family Law LPC
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