Family Law: Possible Orders

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What is the law trying to achieve within financial orders?
A fair distribution of benefits and disadvantages
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What case relates to fairness?
Miller v Miller: court should exercise their power to achieve a fair outcome
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What is an important element?
Fairness
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What things can be distributed?
The home, savings, pensions, anything with value e.g. expensive paintings
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Some evaluation points?
Decisions might not be popular with one party, may feel 'wronged.' Case law is inconsistent. Some parties are economically weaker.
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What is a MIAM?
Where parties must attend before engaging in the process, must fill out forms with full disclosure of assets/what they will be in the future
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What orders are available?
Periodical Payments Order, Property Adjustment Order, Lump Sum Order, Pension Sharing Orders, Maintenance Pending Suit, and Sale.
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What statute and section is periodical payments order under?
S23(1)(A) MCA 1973, schedule 5 paragraph 21
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What statute and section is property adjustment orders under?
S41(1) MCA 1973
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What statute and section is lump sum orders under?
S23(1)(C) MCA 1973, schedule 5 paragraph 2(1)(C) CPA 2004
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What statute and section is pension sharing orders under?
S24(B) MCA 1973, schedule 5 paragraph 16 CPA 2004
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What statute and section is maintenance pending suit under?
S22 MCA 1973, schedule 5 paragraph 38
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What statute and section is sale under?
S22 MCA 1973, schedule 5 paragraph 38
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What is a periodical payments order?
Requires that a spouse pays another spouse, can be weekly/monthly/annually. Payments can be subject to time limits, secured/unsecured
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When will periodical payments cease?
When you get re-married/new CP
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When will periodical payments not cease?
When co-habitating, the party can apply however to adjust the payments on the basis that you do not need the money anymore
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What are the sections within a property adjustment order
A) A transfer of property. B) Settlement of property
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What is a transfer of property?
An order transferring half of the share of your house to your spouse, can get a clean break, splitting the assets
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What is a settlement of property?
A 'mesher' order, does not achieve a clean break, allows property to be retained until child turns 18.
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What are the problems with settlement of property?
Does not promote working and saving income, allows problems to gather for the future, not very popular anymore
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Why did the court create this type of order?
For the benefit of the children
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What is a lump sum order?
A lump sum payment, which can be paid in instalments, giving a clean break. This is binding even on death.
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What is a pension sharing order?
Allows court to order either spouse's pension scheme split into two, pension splitting, 'pension attachment order'
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What is a maintenance pending suit?
Interim order, a short-term order for a spouse with little or no cincome
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Other cards in this set

Card 2

Front

What case relates to fairness?

Back

Miller v Miller: court should exercise their power to achieve a fair outcome

Card 3

Front

What is an important element?

Back

Preview of the front of card 3

Card 4

Front

What things can be distributed?

Back

Preview of the front of card 4

Card 5

Front

Some evaluation points?

Back

Preview of the front of card 5
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