What orders can the court make?
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In some cases, mediation and out of court negotiations are unsuccessful and there’s no other option to attend court for them to make a verdict on what payments should be made and how assets and finances should be distributed. In these situations the court has a number of different orders than can issue, find out more about them below.
If you want further information or assistance on the orders courts can make get in touch with one of our specialist family law team, they’ll be able to give you some free impartial advice. Get in touch by calling 0203 9252 301 or completing an online enquiry form.
Periodic payments
If you require urgent finances from your spouse during the process the Court are able to make an order for Maintenance Pending suit. This is an interim order compelling a spouse to make either a lump sum or periodic payment throughout the term of the proceedings.
At the conclusion of the proceedings the Court can order either that a lump sum settlement payment is made (see Lump Sum Order below) or a regular payment at set intervals, normally monthly, for a limited period, or until death.
Seeking a Periodic Payment or Maintenance Order means that if financial circumstances of either party changes in the future the amount payable is more flexible as an Application to the Court can be made for a variation to the order.
Our Specialist Solicitors can assist in ensuring that any maintenance order that is made is in the best interests of our clients where possible, whether we act for the paying or receiving party.
David Durkin-Finch
Partner
David has been part of the Cleversons team from the start. He's assisted hundreds of clients and takes great pride in all his work.
Lump sum order
A Lump Sum Order is, where parties agree with each other, or it is ordered that one party pays the other a Lump Sum payment. In making such agreement or passing such an order there has to be consideration as to whether the paying party can a) raise the funds within the time frame required, maybe through savings, lending, mortgage or possibly earnings or, b) has the assets to realise in order to make the payment such as the matrimonial home or other assets.
Once the lump sum has been paid the financial proceedings come to an end and each party is absolved of all further financial links to the other. No further recourse to the Courts can be made should either parties circumstances change for better or worse.
This is a favoured option where a marriage has ended relatively amicably and both parties are of an equal financial standing and there are for example no children of the relationship that are dependent on either spouse.
Pension orders
Where either spouse has a pension the court can make an order dealing with how the other spouse can benefit from the pension in the future. Such orders are:
- Pension sharing
- Pension attachment
- Offsetting (Making a lump sum payment rather than partaking in the benefit of a share of the pension)
- Deferred lump sum (A lump sum from commutation)
Clean break
A clean break order can be made as part of a larger order or alone and deals with the complete separation of each spouses financial relationship to the other.
Without such an order the financial aspects of a divorce can be re-visited by either spouse at any time. It is always important to ensure that where possible a clean break order is made even if this does not come into effect until such time as other trigger events occur.