PREP TASK
1. Draft an order which reflects the terms of that agreement
REFER TO THE EXAMPLER
TASK 1
, CONTEXT:
Patrick plans on remarrying and starting a family asap and therefore
states that he needs more money.
The maintenance he is providing M is causing a strain & he wants to
spend the money on the wedding in Barbados.
The payments are due to come to an end and he wants to waive the
rest of the payments
He wants to change the spilt in the shares in Fairacre [with a higher
portion to go to him]
Doesn’t want Marianne to apply to CMS
Threatens to sell the house if she doesn’t agree to changing the
division in respect to the shares.
M has been unable to get a job [even though it was thought she would
in at least 18 months]
She needs the maintenance to continue.
She believes the only way to improve her financial situation is to
improve her qualifications and has been considering taking further
exams + would like a lump sum from Patrick to pay the fees.
She does not agree to him having more of the house [needs the money
to buy herself someone when the children grow up]
Agreed to not go to CMS if he continued paying.
1. Can Marianne Bailey apply to extend the duration of the
maintenance payments beyond that stated in the order? If so,
what are the chances of her success?
Periodical payments
The type of order that she is attempting to vary is a periodic payments
order.
Periodical includes where the court ordered a former spouse to pay
regular payments to support (a) the former spouse (b) in exceptional
cases a child of the family (c) to the former spouse caring for a child of
the family [i.e. financial maintenance payments/there are not a lump
sum]
Section 31(2) of the MCA allows for periodical payments to be varied
[therefore, it is possible for M to apply on the basis of the type of order]
The consent order & Section 28(1A) [page 194 LPC buddy]
Clause 4 of the consent order provides for term maintenance. The term
can be extended as the order does NOT contain a direction under
section 28(1A) of the. Matrimonial causes Act.
If the order is non-extendable [can’t be extended], the recipient will be
prevented from applying to extend [section 28(1A) MCA 1973]
This is known as a 238(1A) bar.
This provides certainty for the payor. It sets a certain date for when
they will eventually be rid of the obligation to maintain their ex-spouse.
1. Draft an order which reflects the terms of that agreement
REFER TO THE EXAMPLER
TASK 1
, CONTEXT:
Patrick plans on remarrying and starting a family asap and therefore
states that he needs more money.
The maintenance he is providing M is causing a strain & he wants to
spend the money on the wedding in Barbados.
The payments are due to come to an end and he wants to waive the
rest of the payments
He wants to change the spilt in the shares in Fairacre [with a higher
portion to go to him]
Doesn’t want Marianne to apply to CMS
Threatens to sell the house if she doesn’t agree to changing the
division in respect to the shares.
M has been unable to get a job [even though it was thought she would
in at least 18 months]
She needs the maintenance to continue.
She believes the only way to improve her financial situation is to
improve her qualifications and has been considering taking further
exams + would like a lump sum from Patrick to pay the fees.
She does not agree to him having more of the house [needs the money
to buy herself someone when the children grow up]
Agreed to not go to CMS if he continued paying.
1. Can Marianne Bailey apply to extend the duration of the
maintenance payments beyond that stated in the order? If so,
what are the chances of her success?
Periodical payments
The type of order that she is attempting to vary is a periodic payments
order.
Periodical includes where the court ordered a former spouse to pay
regular payments to support (a) the former spouse (b) in exceptional
cases a child of the family (c) to the former spouse caring for a child of
the family [i.e. financial maintenance payments/there are not a lump
sum]
Section 31(2) of the MCA allows for periodical payments to be varied
[therefore, it is possible for M to apply on the basis of the type of order]
The consent order & Section 28(1A) [page 194 LPC buddy]
Clause 4 of the consent order provides for term maintenance. The term
can be extended as the order does NOT contain a direction under
section 28(1A) of the. Matrimonial causes Act.
If the order is non-extendable [can’t be extended], the recipient will be
prevented from applying to extend [section 28(1A) MCA 1973]
This is known as a 238(1A) bar.
This provides certainty for the payor. It sets a certain date for when
they will eventually be rid of the obligation to maintain their ex-spouse.
