What is joint lives maintenance order?

A joint lives maintenance order is an order for maintenance to remain payable until the death of either party, the remarriage of the recipient or further order of the court.

What is a Section 28 bar?

Under section 28(1A) of the Matrimonial Causes Act 1973 the court can impose a “bar”, that is an order that the Wife shall not be entitled to apply for the term to be extended.

What is a deferred clean break?

A deferred clean break It is possible for a clean break to be deferred. Often a deferred clean break is set for when the youngest child has left full-time education, or starts employment for example to allow the primary carer of the children security until the children of the family are independent.

What is a term order?

In mathematics, a monomial order (sometimes called a term order or an admissible order) is a total order on the set of all (monic) monomials in a given polynomial ring, satisfying the property of respecting multiplication, i.e., If and is any other monomial, then .

When does a court order spousal maintenance?

Historically Courts have been fond of making what are known as ‘joint lives’ Spousal Maintenance Orders when couples divorce. A joint lives Order is where the Court orders spousal maintenance to be paid until the death of either spouse, or until the receiving spouse remarries.

Can a court impose a term maintenance order?

Even where term maintenance orders were required, the court also showed a great reluctance to impose a section 28 (1A) MCA 1973 bar and this reluctance came from the Court of Appeal.

Can a maintenance order go up or down?

To paraphrase the stock market investment warning, maintenance payments can go up as well as down. Maintenance Orders are sometimes limited to a specified period, rather than being made on a joint lives basis.

Can a maintenance order for life be terminated?

A Maintenance Order for life can be varied and, in appropriate circumstances, can be terminated altogether. This can be a double edged sword however, as a variation could result in an increase in maintenance!

When does a court order joint lives maintenance?

In circumstances where a person has been out of work for many years, for example when raising children, a court may order maintenance on a lifelong basis. This is known as ‘joint lives’ maintenance. Depending on the parties’ pension provision, maintenance may end on the parties becoming entitled to draw income from their pensions.

What happens if you sign a joint lives order?

What happens if you have agreed to a spousal maintenance order, and a decade or two later, life has moved on for both of you, the children have left home, but you are still paying a joint lives order? Does life indeed mean life, or are other options open to you?

How much is joint lives spousal maintenance per year?

The Wife retained the bulk of the capital, £230,000, to rehouse on a mortgage free basis. The Husband agreed to pay spousal maintenance at £13,200 per annum on a joint lives basis, which means until either of them died, or the Wife remarried.

Can a joint lives spousal order be reduced or increased?

The idea behind spousal maintenance is that it plugs a gap in the other party’s financial needs. It may be, therefore, that this need diminishes or increases, over time, depending on how life unfolds for you both. You are entitled to apply to court for the joint lives order to be reassessed at any time.