Maintenance Agreements

Some divorce cases don’t end with a decree of divorce and a Clean Break i.e. that neither the husband nor the wife makes any further financial claims against the other after an agreement for the distribution of matrimonial property has been reached. A couple may  agree on the level of maintenance payments , where one party pays a sum for the maintenance of of the other. This is over and above any maintenance paid for any children of the family.This is not regarded as a clean break because of the ongoing financial obligation to pay maintenance to a former spouse by one party to the other after divorce. If the payment of maintenance is appropriate and cannot be agreed it is possible to apply to court for maintenance order.

Maintenance agreements can either be for life or for an agreed period of time. It is possible in certain situations for one party to apply  back to the  court and ask for a higher level of maintenance payments.  Additionally, they may ask for maintenance payments to continue for a longer period of time if the other ex-partner’s circumstances change.

Similarly, one partner may want to reduce the maintenance payments they make.  This may be because of the affects of inflation, retirement, redundancy or a change in their circumstances.  These change of circumstances may include a job loss, significant drop in income or new and special needs that may crop up. In the event of a significant increase or decrease in income by either spouse, the divorce court may modify the periodical payments order.

Even if one partner has a valid reason to stop making payments, like job-loss, they should not do so without seeking the agreement of the Court.  If the payer stops the maintenance payments, this may be for a valid reason, such as job loss.

In such cases, Family Law Solicitors can help with an  application to court to vary the maintenance order.

If maintenance payments cease without divorce court approval, then we can help you enforce the payments and to  compel the ex-partner to make future maintenance payments through the court system.  The Court will then enforce any missed maintenance payments or make an application to enforce payment of the arrears through a divorce County Court.