Maintenance orders, established under the Matrimonial Causes Act 1973, ensure financial stability for parties involved in divorce, civil partnership dissolution or separation.
But life is unpredictable, and sometimes, the terms of existing maintenance orders no longer align with your circumstances. If you need assistance with the variation of existing maintenance orders in Potters Bar, Hertford, or Finchley, we are here to help you navigate this essential aspect of family law.
Why Consider a Variation of Maintenance Orders
The financial commitments in maintenance orders should reflect your current situation.
Whether you are the recipient of maintenance in need of an adjustment or the paying party facing changed circumstances, seeking a variation is essential to ensure fairness, uphold equity, and maintain financial stability.
In cases where the existing spousal maintenance order no longer reflects the current financial circumstances, the affected party can initiate a variation application. This application is brought before the court, which has the power to vary spousal maintenance orders.
Examples of Changing Financial Circumstances
- If your or your former spouse’s financial situation has changed, it may be necessary to adjust maintenance payments to reflect the current reality.
- If the expenses related to your or your children’s needs or your financial obligations have increased, a variation may be required.
- Unexpected medical bills can put additional financial pressure on both parties, requiring a change in maintenance terms.
- Either you or your former partner start living with a new partner
Are you facing a similar situation? Contact us to discuss a variation of existing maintenance orders in Finchley, Potters Bar, or Hertford.
Key Aspects of Variation of Maintenance Orders
The variation of maintenance orders in England and Wales involves a thorough evaluation of several key factors, including:
- Financial Resources: The court considers income and any potential increase in earning capacity, among other financial resources.
- Standard of Living: The standard of living enjoyed by the family before the breakdown of the marriage serves as a reference point.
- Physical or Mental Disability: Any physical or mental disabilities of the parties involved are factored in.
In addition, when dealing with children, specific factors are examined, including:
- Financial needs of the child
- Child’s disabilities (physical or mental)
- Educational expectations: They consider the intended education or training for the child.
- Any financial resources of the child such as income or savings
These factors are carefully examined to ensure that maintenance orders are adjusted or varied in a manner that is fair and just, considering the specific circumstances of the parties involved, especially when children are affected by the changes.
Overwhelmed? We offer Tailored Solutions
Our legal experts work closely with you to create variation solutions that are tailored to your specific circumstances. We will address your concerns and guide you every step of the way.
Secure Financial Peace
If you need assistance with the variation of existing maintenance orders in Hertford, Potters Bar, or Finchley, our family law solicitors team can assist you. Contact us today to schedule a consultation.