Sections 73, 74 and 75 of the Matrimonial Causes Act (Chapter 282) say what the Court may order. Section 76 says how.
Section 76(1)(a) to (c) — the form of the order
(a) order that a lump sum or a weekly, monthly, yearly or other periodical sum be paid;
(b) order that such a sum be secured;
(c) where a periodical sum is ordered to be paid, order that its payment be wholly or partly secured in such manner as the Court directs.
An unsecured periodical order depends on the payer continuing to pay. A secured order attaches to an asset, so the payee is not left chasing arrears.
The distinction runs through the section: subsection (3) makes orders about security and about secured sums much harder to vary than ordinary orders.
Section 76(1)(d) to (g) — making it work
(d) order that any necessary deed or instrument be executed, and that documents of title be produced or such other things be done as are necessary to enable an order to be carried out effectively or to provide security for its due performance;
(e) appoint or remove trustees;
(f) order that payments be made direct to a party, or to a trustee to be appointed, or to a public authority for the benefit of a party;
(g) order that payment of maintenance in respect of a child be made to such person or public authority as the Court specifies.
Requiring payment through a trustee or a public authority removes the need for the parties to deal with each other over money — important where there has been violence, or where direct contact would put a party at risk.
Paragraph (g) is wider still: child maintenance may be directed to whoever actually has the child, which fits section 74(3), where custody may be placed with a person who is not a party.
Where a party refuses to execute a document ordered under paragraph (d), section 77 supplies the answer.
Section 76(1)(h) and (i) — duration
(h) make a permanent order, an order pending the disposal of proceedings, or an order for a fixed term, for a life or during joint lives, or until further order;
(i) impose terms and conditions.
| Type | Typical use |
|---|---|
| Pending disposal | Interim maintenance under s 73(2) while the divorce runs |
| Fixed term | Support while a spouse retrains or a child finishes school |
| During joint lives | Ends when either party dies |
| For a life | Long marriage, payee unable to become self-supporting |
| Until further order | The open-ended default, reviewable at any time |
| Permanent | A final disposition |
Section 76(1)(j) — discharge, suspension, variation
(i) discharge the order if the party in whose favour it was made marries again, or if there is any other just cause;
(ii) modify the effect of the order, or suspend its operation wholly or in part, until further order, a fixed time, or a future event;
(iii) revive wholly or in part an order suspended under (ii);
(iv) subject to subsection (2), vary the order so as to increase or decrease any amount.
This applies to orders made before or after the commencement date.
Section 76(2) — the Court shall not increase or decrease an amount unless satisfied that:
(a) since the order was made or last varied, the circumstances of the parties or either of them, or of a child for whose benefit the order was made, have changed to such an extent as to justify it; or
(b) material facts were withheld from the court that made or varied the order, or material evidence previously given was false.
Section 76(3) — the Court shall not increase or decrease (a) the security for a periodical payment, or (b) the amount of a lump sum or periodical sum ordered to be secured, unless ground (b) alone is established — withheld facts or false evidence.
Changed circumstances will not reopen a secured order. Once security is fixed, only a finding that the court was misled will disturb it.
Section 76(1)(k) to (n)
(k) sanction an agreement for the acceptance of a lump sum or periodical sums or other benefits in place of rights under an order under section 73, 74 or 75, or any right to seek such an order;
(l) make any other order — whether or not of the same nature as those above, and whether or not in accordance with the practice under other laws before the commencement date — that it thinks necessary to make in order to do justice;
(m) include its order under this Part in a decree under another Part;
(n) subject to this Act, make an order under this Part at any time before or after the making of a decree under another Part.
(k) is how a negotiated settlement is given effect. A spouse may agree to take a lump sum in place of periodical maintenance, or in place of the right to seek any order at all — and court sanction makes that agreement binding rather than a private arrangement of doubtful effect.
(l) is a residual power expressly freed from the old practice: the Court may make whatever order is necessary to do justice. In a jurisdiction where family arrangements do not always fit English forms, that flexibility matters.
(n) means Part VII orders are not confined to the moment of the decree — an application may be made years later, subject to section 78 where the petition was dismissed.
Sources
- Matrimonial Causes Act (Chapter 282) — ss 72–78, 86–90
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.