Transcript for Divorce Advice: Maintenance Orders Explained – Top Divorce Lawyer Marilyn Stowe

When a court is making a decision about finances, it can make a number of orders. It can make maintenance orders, short term, medium or long term for life or until death or remarriage. It can make a lump sum order. It can make a transfer of property order. It can share a pension, whether or not the pension is in payment. It can make orders which are much more esoteric in relation to trusts and companies.

In effect, the court can make orders in relation to all the assets and income of the parties and share them fairly between them.

How the court does it is set out in Section 25 of the Matrimonial Causes Act 1973 and I would suggest people look at that because that is the law. That’s where the judge will turn to in order to make a decision.

Can there be a clean break between the parties so that there are no further financial obligations, one party against the other? What happens in relation to the children? What are the needs of the parties, including the needs of the children, their obligations and responsibilities moving forward? How long have they been married? What factors might impact on a settlement? For example, disability, the ability to earn more money than they are at the moment.

It’s those kinds of things that the court will look at and then apply those factors to the specific circumstances of your marriage.

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2 comments

Angela - November 23, 2017 at 4:47pm

My ex partner has started work in Dubai and due too this his cms case has been closed , his wife is still here and our son is living with her whilst I have our daughter she has put in a cms claim against me , yet I seem unable to do anything as its a non REMO country . I put in a c100 form too the court with her as a seconded respondent due too the ex still returning too the uk and the courts returned it and said its the wrong form no one seems too want too help ! I know I can’t enforce it but surly there must be something I can do too make him liable in his return at least (which will be 3 years ) even a form name would be helpful I sent the c100 which apparently isn’t correct 🙁

Cameron Paterson - November 29, 2017 at 4:16pm

Hello – Solicitor James Scarborough responds below. If you would like further advice, you will find contact details for the nearest office on this page. Please also note the legal disclaimer on this page.

“I’m unclear as to all of the circumstances, particularly why your son is living with your ex’s former wife and why she is applying for child maintenance against you. Child maintenance is only payable if your child lives with their other parent, a grandparent or a guardian. Therefore, from what you have explained, your ex’s former wife cannot make an application for child maintenance in relation to your son.
If you wanted to apply for your ex to pay maintenance, you could send a Form A1 application to the court. However, even if you succeed with your application, you may have difficulties enforcing it with your ex living in Dubai. You may wish to speak to the child maintenance service in the first instance, as they could have some helpful information.”

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