What financial orders can the court make on divorce?

What the Law Says

The Matrimonial Causes Act 1973 gives the court wide powers to make financial provision orders when a marriage ends. Section 23 is the main provision enabling these orders.

Under section 23 of the Matrimonial Causes Act 1973, the court may order one party to pay to the other: (a) periodical payments (often called spousal maintenance), (b) a lump sum, or (c) periodic lump sums. It may also order the transfer or settlement of property, or the variation of any ante-nuptial or post-nuptial settlement.

These powers apply both on divorce and dissolution of civil partnerships. The court must consider all the circumstances of the case, with first consideration given to the welfare of any child under 18.

The law does not set fixed formulas — instead, judges weigh factors like income, earning capacity, property, financial needs, standard of living before separation, age, duration of marriage, and contributions made by each party.

Statutory Text

On granting a decree of divorce, nullity of marriage or judicial separation or at any time thereafter, the court may, on the application of either party to the marriage, make any one or more of the following orders… (a) an order that one party to the marriage shall pay to the other such periodical payments, for such term, as the court thinks fit; (b) an order that one party to the marriage shall pay to the other a lump sum or sums; (c) an order that one party to the marriage shall pay to the other such periodical payments, by way of lump sum or sums, as the court thinks fit;

— Matrimonial Causes Act 1973, s. 23 — Orders for financial provision

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