Divorce and Periodical Payments- A Basic Guide
- Author: Gemma Thew
- Posted on: 24th September 2018
- Posted in: Blog
What are Periodical Payments?
When a divorce is finalised most couples will have financial matters that need to be resolved. Spousal and civil partnership maintenance is often a contentious issue to tackle when dealing with the breakdown of a relationship or marriage, so it is really important that both parties understand what is meant by Periodical Payments to ensure that they are informed about what to expect when it comes to sorting out financial affairs that follow a relationship breakdown.
'A Periodical Payments Order’ is more commonly known as a Maintenance Order. There are two different types of periodical payments – Spousal Periodical Payments and Child Periodical Payments. These can be calculated as two separate figures or combined as one global figure, known as a ‘Global Periodical Payment’.
Child Periodical Payments are generally dealt with by the Child Maintenance Service and you can see what you or your spouse is eligible to pay by completing the online calculator which can be found at https://www.gov.uk/calculate-your-child-maintenance. Spousal Period Payments are calculated differently and a solicitor can help advise you on how much spousal periodical payment may be appropriate in your particular circumstances.
What you need to be aware of with Periodical Payments?
This recent article in the Law Gazette could signal an important change to the way Spousal Periodical Payments are viewed in court. The court has recently refused to allow a wife’s application to increase periodical payments (aka maintenance) finding that she had mismanaged money she received in the original divorce settlement.
This is another move by the court towards the new view that the non-wealthy party should not expect to be supported indefinitely by their ex spouse and that they should maximise their own earning potential and make sure they make sensible financial decisions which in turn will provide them with their own financial security.
Want to find out more? - Here's how we can help
At Crosby & Woods Solicitors we offer advice, assistance and representation in all aspects of Family Law. We are specialists in assisting clients with the financial and child-related issues that arise when relationship breaks down.
Our Brighton & Hove divorce lawyers and family law team offer a FREE, confidential and no-obligation 30 minute consultation
to discuss your concerns and options moving forward.
We also will discuss the costs and in some cases we can offer fixed fees.
Get in touch today: 01273 734 600 to speak to a qualified solicitor about your case or email firstname.lastname@example.org