Thinking of varying a Spousal Maintenance Order?

The cost of living crisis has seen many struggle with their daily bills.

The Family Courts often try to achieve a “clean break” between the parties during financial remedy proceedings, though this is not always possible or practical. A Court may depart from a “clean break” for various reasons, such as a disparity in income or, one of the spouses or children would suffer undue hardship if a clean break order were to made.

In some circumstances, people may have a Financial Remedy Order from the Family Court stipulating specific payments are to be paid to their former spouse at certain intervals, such as monthly, quarterly or annually. There are various orders which can be made by the Courts, such as Spousal Maintenance Orders or Periodical Payment Orders

Where Orders of this nature have been made by the Court, any downward change in financial circumstances can cause significant financial strain on the party who is ordered to pay. Likewise, if a person is unable to pay as required by the order, this can cause hardship to the receiving party.

The law provides mechanisms to vary such orders in specific circumstances. The possibility of varying Spousal Maintenance and Periodical Payment Orders may sound appealing, particularly in light of the cost of living crisis.

The Court has a wide discretion when dealing with this type of application. There is a risk that payments could be increased, varied in such a way that becomes more burdensome, or decreased.

If you are currently looking to vary a Financial Remedy Order it is imperative that you take specialist legal advice. Our dedicated Family Law Team can advise you on the specific merits of your case and representation should that be necessary.

Contact our expert team today to arrange an initial consultation at any of our offices, in Newcastle, Cramlington, Ashington and Sunderland, or alternatively by phone, to discuss your particular requirements.

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