Family Law – Financial Orders
Process by which the court resolves any financial issues between the parties to a marriage such as dividing
pensions, dividing capital, awarding any spousal maintenance etc. There is no time limit on making an
application. Vince v. Wyatt - wife could pursue financial claim through couple had divorced 23 years prior
TYPES OF ORDERS
Maintenance Pending Suit (s 22) - order requiring either party to the marriage to make to the other periodical
payment for his/her maintenance. Order can be made once petition is filed. Interim application for short-term
maintenance.
Parties can apply anytime between filing the petition and receiving the decree absolute.
Order based upon needs of parties
Parties must provide a budget to justify their needs
The order will end when the decree absolute is granted
Financial Provision Order (s 23) – on granting of decree of divorce, nullity or judicial separation, the court may
make one of the following orders:
1. Unsecured periodical payments (s 23(1)(a)) – regular maintenance payments from one spouse to the
other. Order for periodical payments can be specified to last until other spouse dies or remarries or it can
be made to finish on a particular date
2. Secured periodical payments (s 23(1)(b)) – use existing assets e.g. family home as security to ensure
payments are made
3. Lump Sum Order – order one party to pay the other a one-off lump sum
Property Adjustment Order (s 24) – transferring property from one spouse to another, or to a child of the family.
May include assets such as family home, a car or shares in a business
Alternately, could involve the court requiring a party to settle property into a trust for the benefit of the
other party or a child of the family (e.g. a trust granting the spouse a life interest in the family home)
Mesher Order (s 24(1)(b)) – trust of land is created, and the parties hold the property as tenants in
common in defined shares. Power of sale is specifically deferred until after one of specified triggering
events. Valid until youngest child turns 18 or ceases to be in full-time education
Martin Order (s 24(1)(b))– type of settlement of property order. Trust of land and parties hold the
property as tenants in common in defined shares. Resident party is given an entitlement to occupy the
former matrimonial home for life or until remarriage, cohabitation, or party voluntarily leaves the
property or dies.
Order for Sale (s 24A) – court can order a party to sell specified property to which that party is beneficially
entitled. Proceeds of sale then more easily dividable between the parties. Court can only make an order for sale
once it has made one of the following orders – property adjustment, lump sum or secured periodical payment
order. Order for sale effectively acts as a mechanism for putting one of these orders into effect.
Process by which the court resolves any financial issues between the parties to a marriage such as dividing
pensions, dividing capital, awarding any spousal maintenance etc. There is no time limit on making an
application. Vince v. Wyatt - wife could pursue financial claim through couple had divorced 23 years prior
TYPES OF ORDERS
Maintenance Pending Suit (s 22) - order requiring either party to the marriage to make to the other periodical
payment for his/her maintenance. Order can be made once petition is filed. Interim application for short-term
maintenance.
Parties can apply anytime between filing the petition and receiving the decree absolute.
Order based upon needs of parties
Parties must provide a budget to justify their needs
The order will end when the decree absolute is granted
Financial Provision Order (s 23) – on granting of decree of divorce, nullity or judicial separation, the court may
make one of the following orders:
1. Unsecured periodical payments (s 23(1)(a)) – regular maintenance payments from one spouse to the
other. Order for periodical payments can be specified to last until other spouse dies or remarries or it can
be made to finish on a particular date
2. Secured periodical payments (s 23(1)(b)) – use existing assets e.g. family home as security to ensure
payments are made
3. Lump Sum Order – order one party to pay the other a one-off lump sum
Property Adjustment Order (s 24) – transferring property from one spouse to another, or to a child of the family.
May include assets such as family home, a car or shares in a business
Alternately, could involve the court requiring a party to settle property into a trust for the benefit of the
other party or a child of the family (e.g. a trust granting the spouse a life interest in the family home)
Mesher Order (s 24(1)(b)) – trust of land is created, and the parties hold the property as tenants in
common in defined shares. Power of sale is specifically deferred until after one of specified triggering
events. Valid until youngest child turns 18 or ceases to be in full-time education
Martin Order (s 24(1)(b))– type of settlement of property order. Trust of land and parties hold the
property as tenants in common in defined shares. Resident party is given an entitlement to occupy the
former matrimonial home for life or until remarriage, cohabitation, or party voluntarily leaves the
property or dies.
Order for Sale (s 24A) – court can order a party to sell specified property to which that party is beneficially
entitled. Proceeds of sale then more easily dividable between the parties. Court can only make an order for sale
once it has made one of the following orders – property adjustment, lump sum or secured periodical payment
order. Order for sale effectively acts as a mechanism for putting one of these orders into effect.
