Financial provision on divorce, etc.
13 Orders for periodical allowance.
1
An order under section 8(2) of this Act for a periodical allowance may be made—
a
on granting decree of divorce F3or of dissolution of a civil partnership;
b
within such period as the court on granting F4the decree may specify; or
c
after F5such decree where—
i
no such order has been made previously;
ii
application for the order has been made after the date of decree; and
iii
since the date of decree there has been a change of circumstances.
2
The court shall not make an order for a periodical allowance under section 8(2) of this Act unless—
a
the order is justified by a principle set out in paragraph (c), (d) or (e) of section 9(1) of this Act; and
b
it is satisfied that an order for payment of a capital sum or for transfer of propertyF1, or a pension sharing order, under that section would be inappropriate or insufficient to satisfy the requirements of the said section 8(2).
3
An order under section 8(2) of this Act for a periodical allowance may be for a definite or an indefinite period or until the happening of a specified event.
4
Where an order for a periodical allowance has been made under section 8(2) of this Act, and since the date of the order there has been a material change of circumstances, the court shall, on an application by or on behalf of either party to the marriage or his executorF6, or as the case may be either partner or his executor,, have power by subsequent order—
a
to vary or recall the order for a periodical allowance;
b
to backdate such variation or recall to the date of the application therefor or, on cause shown, to an earlier date;
c
to convert the order into an order for payment of a capital sum or for a transfer of property.
F24A
Without prejudice to the generality of subsection (4) above, the making of a F9maintenance assessmentF9maintenance calculation with respect to a child who has his home with a person to whom the periodical allowance is made (being a child to whom the person making the allowance has an obligation of aliment) is a material change of circumstances for the purposes of that subsection.
5
The provisions of this Act shall apply to applications and orders under subsection (4) above as they apply to applications for periodical allowance and orders on such applications.
6
Where the court backdates an order under subsection (4)(b) above, the court may order any sums paid by way of periodical allowance to be repaid.
7
An order for a periodical allowance made under section 8(2) of this Act—
a
F8b
shall cease to have effect on the person receiving payment—
i
marrying,
ii
entering into a civil partnership, or
iii
dying,
except in relation to any arrears due under it.