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Jurisdiction(s):
United Kingdom
United Kingdom
Key definition
Periodical payments definition What does Periodical payments mean? Regular maintenance paid at set intervals (usually monthly) by one spouse or civil partner (or former spouse/civil partner) to support the other and/or a child of the family. In family law this is commonly called a periodical payments order. England & Wales and Northern Ireland: Courts may order periodical payments under the Matrimonial Causes Act 1973/Matrimonial Causes (Northern Ireland) Order 1978 and the Civil Partnership Act 2004. For children, the court can order periodical payments (e.g. under Schedule 1 to the Children Act 1989/Children (Northern Ireland) Order 1995), but routine child maintenance is usually assessed and enforced by the Child...
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Periodical payments (maintenance) orders: variation, suspension, capitalisation, principles and procedure; repayment and arrears (England and Wales)
Published by a
LexisNexis Family expert
Practice notes
This Practice Note explains how the court may alter Periodical payments (maintenance) orders, outlining its treatment of Variation applications and the considerations it will take into account. The Note surveys both the court’s methodology on variation requests and the relevant considerations guiding its evaluation. Guidance is given on timing and on circumstances permitting recovery of payments already made. It also addresses the timing of a variation request and identifies situations permitting a claim for repayment of maintenance, such as the payee’s remarriage or entry into a later Civil partnership, or the payer’s death. Authority to alter financial orders arises under section 31 of the Matrimonial Causes Act 1973 (MCA 1973) and Schedule 5 to the Civil Partnership Act 2004 (CPA 2004), in particular CPA 2004, Sch 5 Pt 11. When a variation is sought, the court need not revisit the case de novo (from the beginning); instead, it must undertake a process proportionate to the case’s needs.
Court's powers to vary
The court also holds various powers to adjust orders beyond periodical payments; see Practice Note: Variation of financial orders. Its powers extend further than mere variation: the court may discharge orders or pause their effect for a time...
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Web page updated on 22/05/2026
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