Variation of financial remedy orders

The term financial remedy is defined in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 2.3 and encompasses proceedings for a wide range of orders, see further Practice Note: Financial proceedings—orders that can be made by the court — What are financial remedies and financial orders?.

Not all orders made in such proceedings are capable of variation. In very broad terms, almost no orders of a capital nature can be varied whereas income orders generally can. Nevertheless, in addition to provisions enabling the variation of specific types of order, the law recognises some limited ways in which orders that are normally incapable of variation may be altered or discharged in restricted circumstances.

Financial orders—orders the court can vary

The term, financial order, refers to the orders the court can make in proceedings for an order of divorce/dissolution, nullity or (judicial) separation. Some of these are capable of variation, including orders for maintenance pending suit/outcome of proceedings, interim maintenance, periodical payments, legal services and lump sums by instalments, in addition to orders for sale, provided the underlying capital order remains unchanged. In general, capital orders

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