Wealth Protection and Retention of Assets in Divorce
Protecting your wealth and your assets during a divorce can be tempting, but it can also disrupt an already unsettled situation and could leave you on the wrong side of the law.
During the course of financial remedy proceedings following divorce, the Court may have awarded a Spousal Maintenance Order. These usually take the form of regular payments by one person to meet the needs of the other person in divorce.
But due to a change in either person’s situation, it may become appropriate to vary a Spousal Maintenance Order by either increasing or decreasing the amount of the payment. This article aims to clarify the situation around varying a Spousal Maintenance Order in England and Wales.
For initial advice get in touch with our Family Law Solicitors.
Spousal Maintenance Orders range broadly from periodical payments, lump sums by instalments, Nominal Maintenance Orders and Pension Sharing Orders. Depending on what Spousal Maintenance Order has been made, the Court may vary it in a number of ways. The following are just a few examples:
This is a complex area of law and the above examples are just some of the ways in which a Spousal Maintenance Order can be varied. It’s also the case that certain financial orders, such as lump sum payments not by instalment, cannot be varied. For this reason, it’s worthwhile discussing your situation with a Family Law Solicitor.
The process of making an application to vary a Spousal Maintenance Order is the same as for Financial Remedy Proceedings, starting with the completion of either Form A or Form A1. If you’re currently making or receiving spousal maintenance payments and you think that the payments should be varied, then get in touch with our national team of our Family Law Solicitors.
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