Orders the court can make

In financial proceedings, the court can make a range of orders to divide money and property between a divorcing couple.

The orders that deal with capital are: 

  • property transfer orders - these transfer property (including houses, cars and shares) from one person to another or from joint ownership to sole ownership.  Sometimes, the recipient of the property needs to make a corresponding cash payment to the person "giving up" ownership
  • sale of property orders - the court can order that property be sold and that the sale proceeds be divided in a certain way
  • lump sum orders - these relate to cash payments.  Often these are one-off payments perhaps in return for a transfer of property.  Lump sum payments can also be made to "clean break" monthly maintenance payments 
  • pension sharing orders - the court can split UK pensions in any proportion to help ensure that a couple is fairly provided for in retirement  

The orders that deal with income are: 

  • child maintenance orders
  • spousal maintenance orders - these relate to regular, usually monthly payments that are calculated with reference to the needs of the recipient and the means of the payer.  Maintenance will be usually be ordered where one person's income is not enough to meet their normal, daily expenditure
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