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Nominal periodical payments order meaning

Published by a LexisNexis Family expert
What does Nominal periodical payments order mean?
A nominal periodical payments order is a spousal maintenance order set at a token sum (commonly £1 per year) so that no money is presently payable, but the court’s power to order or increase periodical payments is preserved. It is not a statutory label; in England and Wales it reflects practice under the Matrimonial Causes Act 1973 (ss 23 and 31) and case law on variation. It is used where a substantive periodical payments order is not justified now, yet an immediate clean break would be inappropriate—for example, where future need or earning capacity is uncertain due to childcare, health or career rebuilding. The order can be varied to a substantive amount on a material change of circumstances; a clean-break order would remove that option. Practice is broadly similar in Northern Ireland under the Matrimonial Causes (Northern Ireland) Order 1978. In Scotland, the focus on short, needs-based periodical allowance under the Family Law (Scotland) Act 1985 means “nominal” awards to preserve jurisdiction are uncommon. In Ireland, courts may make low-value spousal maintenance to enable later variation under the Family Law (Maintenance of Spouses and Children) Act 1976 and Family Law (Divorce) Act 1996, although the terminology is less settled.
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View the related Practice Notes about Nominal periodical payments order

PRACTICE NOTES
Spousal and Civil Partner Periodical Payments: Statutory Checklist, Quantum, Term/Nominal Orders, Clean Break, Variation and Agreements—Principles and Case Law (England and Wales)

This Practice Note This Practice Note outlines the statutory checklist the court applies when addressing periodical payments for a spouse or civil partner, together with the types of orders available and the way quantum is assessed. It explains when the court may take account of a party’s special requirements, such as a physical or mental disability. It reviews term orders—both extendable and non-extendable—section 28(1A) bars, and clean break arrangements. It also describes the court’s approach to nominal orders and to the variation of those orders. The jurisdiction to direct periodical payments is found in section 23(1)(a) of the Matrimonial Causes Act 1973 (MCA 1973) and in Schedule 5, Part 1, para 2(1)(a) to the Civil Partnership Act 2004 (CPA 2004), enabling an order that either party to a marriage or civil partnership shall pay to the other such periodical payments (commonly called maintenance) for the term specified in the order. In deciding whether a periodical payments order is suitable, the court must have regard to the checklist in MCA...

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