Family Law: Possible Orders 0.0 / 5 ? LawFamily LawUniversityNone Created by: daniellemhallCreated on: 19-02-20 22:19 What is the law trying to achieve within financial orders? A fair distribution of benefits and disadvantages 1 of 24 What case relates to fairness? Miller v Miller: court should exercise their power to achieve a fair outcome 2 of 24 What is an important element? Fairness 3 of 24 What things can be distributed? The home, savings, pensions, anything with value e.g. expensive paintings 4 of 24 Some evaluation points? Decisions might not be popular with one party, may feel 'wronged.' Case law is inconsistent. Some parties are economically weaker. 5 of 24 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 6 of 24 What orders are available? Periodical Payments Order, Property Adjustment Order, Lump Sum Order, Pension Sharing Orders, Maintenance Pending Suit, and Sale. 7 of 24 What statute and section is periodical payments order under? S23(1)(A) MCA 1973, schedule 5 paragraph 21 8 of 24 What statute and section is property adjustment orders under? S41(1) MCA 1973 9 of 24 What statute and section is lump sum orders under? S23(1)(C) MCA 1973, schedule 5 paragraph 2(1)(C) CPA 2004 10 of 24 What statute and section is pension sharing orders under? S24(B) MCA 1973, schedule 5 paragraph 16 CPA 2004 11 of 24 What statute and section is maintenance pending suit under? S22 MCA 1973, schedule 5 paragraph 38 12 of 24 What statute and section is sale under? S22 MCA 1973, schedule 5 paragraph 38 13 of 24 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 14 of 24 When will periodical payments cease? When you get re-married/new CP 15 of 24 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 16 of 24 What are the sections within a property adjustment order A) A transfer of property. B) Settlement of property 17 of 24 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 18 of 24 What is a settlement of property? A 'mesher' order, does not achieve a clean break, allows property to be retained until child turns 18. 19 of 24 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 20 of 24 Why did the court create this type of order? For the benefit of the children 21 of 24 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. 22 of 24 What is a pension sharing order? Allows court to order either spouse's pension scheme split into two, pension splitting, 'pension attachment order' 23 of 24 What is a maintenance pending suit? Interim order, a short-term order for a spouse with little or no cincome 24 of 24
Comments
No comments have yet been made