The orders that a court can make are limited by law.
Between spouses, a court can order:
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maintenance – either party can be ordered to pay maintenance to the other, on an interim basis, on a long-term ongoing basis or for a set duration. See the FAQs section, in particular the question regarding how long maintenance should be paid;
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a lump sum – either party can be ordered to pay a capital sum of money, usually as a single payment but possibly by instalments;
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a transfer of properties – either spouse can be asked to transfer all or any of his or her assets or property whether owned jointly or individually;
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a sale of property and a division of the proceeds – this usually applies to houses, and additional orders can be made for the repayment of mortgages and to cover professional fees as well as detailing how the net proceeds of sale are divided between the couple involved;
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a power to vary trusts made between spouses – these refer to nuptial settlements that are made in contemplation of marriage or after the marriage; and
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pensions orders – it is possible to share pensions by dividing them, and it is also possible to have orders against a pension income stream, a lump sum or a death benefit.
The court can only make one order dealing with capital. A lump sum order can be made by instalments and, if it is, then it can be varied (although that is rare).
Further down the line, if there is an ongoing order for maintenance, the court can be asked by either party to make a capital order in place of the regular maintenance to achieve a clean break. This is an exception to the general position set out above.
Maintenance can always go up or down, by agreement or by order of the court. Maintenance rights can also be dismissed.
For child maintenance, see the
FAQs section, particularly the section on the
Child Support Act. See the list of considerations for guidance on what the court has to bear in mind before making an order.