Spousal/civil partner periodical payments

General principles

On an application for financial provision the court may order a party to a marriage or civil partnership to make periodical payments to the other party.

The court’s power to order periodical payments is contained in the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004), namely an order that either party to the marriage or civil partnership shall make to the other such periodical payments (commonly known as maintenance orders), for such term, as may be specified in the order.

In determining whether or not a periodical payments order is appropriate regard must be had to the checklist set out in MCA 1973, s 25 and CPA 2004, Sch 5, Pt 5.

See Practice Note: General principles—spousal/civil partner periodical payments. The following Precedent letters may be sent by practitioners to their clients: Financial applications to the court—client guide, Financial disclosure and Form E—client guide and Spousal and civil partner maintenance—client guide.

Quantum of periodical payments

Although the quantification of child maintenance is governed by the statutory

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