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A spousal Maintenance Order is a legal obligation from a court that requires a former spouse to make regular and ongoing financial payments to the other, following divorce or separation.
Once the order has been set up, many people wonder whether they are able to seek a variation.
While it may be possible to reach an agreement for a variation in private, formal processes often involve litigation.
It is important for people to know how a Maintenance Order can be varied in case there is a change of circumstances that makes the current agreement inappropriate.
When can a Maintenance Order be varied?
Maintenance is one of the few divorce orders the court is allowed to later vary.
To trigger a variation, there often must be a significant change to circumstances, which can include:
- There has been a substantial change to the level of either party’s income
- One or both parties have entered or ended a new relationship
- Either party has had a child
- The needs or living expenses of either party have changed significantly
To vary your Maintenance Order, you can increase, decrease, suspend or terminate payments.
What is the process for varying a Maintenance Order?
As all circumstances are different, there is no one approach that is suitable for everyone.
The first, and often preferred approach, is to reach an agreement privately. Both parties must provide clear evidence of agreed changes for a judge to approve them as a legally binding, formal order.
Solicitors can negotiate on your behalf or represent your interests in mediation if direct conversation has broken down.
Where an agreement is not possible or appropriate, either party can apply to the court to vary the order.
Many of these cases are listed as a hearing, where both parties are encouraged to settle. If an agreement is not reached, the judge hands down an order at the final hearing.
However, most cases settle before a judge decides.
Speak to a solicitor
Our solicitors can advise on whether your change in circumstances is likely to result in a Maintenance Order variation.
If your change in circumstances is sufficient, we can represent you from negotiations all the way into litigation, if a resolution can’t be reached.
Have you had a change in circumstances? Speak to a solicitor for guidance on varying your Maintenance Order.
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