No. 36 - Ancillary Relief - Part 3 - Northern Ireland
Final hearing
At the final hearing, the court has the power to issue any of the following orders:
- Consent Order
A Consent Order is one that both parties agree to before it is issued. The parties hammer out a deal and then ask the court to issue an order reflecting the terms of their agreement. The court should approve the order if it is in the best interests of the parties (and their children, if they have any).
- Court-Imposed Orders
Where the parties fail to reach an agreement, the court will hear arguments and then impose a settlement by issuing one or more of the following:
(a) Lump Sum Order
One party pays a specified sum of money to the other as compensation for their ownership interest in an asset or assets.
(b) Periodical Payment Order
One party pays money to the other every month, e.g., spousal maintenance &/or child maintenance.
(c) Secured Periodical Payment OrderHere, payments are secured upon a particular asset. Thus, if the party who is supposed to pay money dies or defaults, the other party can demand an asset be sold to fund future payments.
(d) Property Adjustment Order
The court changes ownership of an asset, usually from joint ownership into one party's sole name.(e) Order for Sale
The court orders an asset be sold (usually to fund a lump sum order).
(f) Clean Break Order
This ends all claims the parties may have against each other on all financial matters except child support / maintenance. The aim of such an order is to make the parties financially independent.
(g) Deferred Clean Break Order
The court may also order a clean break after a specified period of spousal maintenance. The aim of such an order is to give a party fair and reasonable time to adjust to separation and end their financial dependence.
(h) Pension Sharing Order
The court issues an order against a party's pension rights.
Note that except for maintenance pending suit (see below) and/or periodical payments for a child (see below), financial orders cannot be granted until the decree nisi is pronounced. And the orders cannot come into force until the decree nisi has been made absolute.
Applications for Interim Orders / Maintenance Pending Suit
Either party may, however, at any time before the final order is made, apply for an interim financial order (known as an order for maintenance pending suit), as necessary. For example, where they are struggling to meet immediate expenses without the other's support.
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