MAINTENANCE BEFORE THE DIVORCE

Spouses may agree a level of maintenance to be paid by one to the other during their separation. The agreement can either be a formal deed or just conform with the general laws of contract, so it can be oral.

Maintenance agreements will remain valid after the divorce unless a court order has been made.

The sort of agreements that could be included are separation deeds, but the agreement cannot oust the jurisdiction of the court to make any future orders. The courts have jurisdiction to alter maintenance agreements. The sorts of grounds which would necessitate the alteration are a change of circumstances or that the agreement does not contain proper financial arrangements in respect of the family. The court may vary or revoke any financial arrangements, or insert into it any financial arrangements for the benefit of one of the spouses or a child of the family. These powers in connection with children are only applicable where the Child Support Agency does not have jurisdiction.

A magistrates’ court may only deal with unsecured periodic payments.

The other party can make an application under Section 27 of the Matrimonial Causes Act of 1973. They must be domiciled or resident in England and Wales, or have been habitually resident in England and Wales for a year before the application. The application is that the other party has failed to provide reasonable maintenance for the applicant; or has failed to make a proper contribution towards reasonable maintenance for any child of the family. The same financial considerations are taken into account as financial relief after a divorce. Application to the Magistrates’ Court is under Domestic Proceedings and Magistrates Court Act 1978.

Either spouse may apply if the other has failed to provide reasonable maintenance, or make a proper contribution towards reasonable maintenance for any child of the family.