Maintenance Definition

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GLOSSARY

Published by a UU��ֱ�� Family expert

What does Maintenance mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

A spouse or civil partner is able to apply for financial provision from the other under respectively the Matrimonial Causes Act 1973 or the Civil Partnership Act 2004. An unmarried partner can apply for maintenance provision for a child (and a carer's allowance for themselves) under Schedule 1 and s 15 of the Children Act 1989.

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Family provision claims—table of cases

Family provision claims—table of cases Spouse or civil partner of the deceased Topic Case name Summary Author Spouse of the deceased Ramji v Harvey (in his capacity as executor of the estate of Sugrim Orlando Ramji deceased) and others [2023] EWHC 1664 (Ch) News Analysis: Lifetime transaction set aside on the basis of undue influence (Ramji v Harvey).In this preliminary issue trial in a claim under I(PFD)A 1975, the court set aside a transfer finding that the relationship between the deceased and the surviving spouse was one of trust and confidence resulting in a presumption of undue influence. Holly Challenger, Parklane Plowden Chambers Spouse of the deceased Re estate of Singh (deceased) [2023] EWHC 304 (Fam) News Analysis: Spousal claim under I(PFD)A 1975 dealt with on an abbreviated basis (Re estate of Singh (deceased))The judge dealt with this claim on an abbreviated basis, as the claim was either uncontested or alternatively, if D3 were to contest the claim, summary judgment could be given. Aimee Jones, Sternberg Reed LLP Spouse...

Gathering evidence in a family provision claim—checklist

Gathering evidence in a family provision claim—checklist This Checklist sets out the evidence which it may be necessary to obtain in a family provision case depending on the facts of the particular case. Claimant or defendant: • death certificate of the deceased • grant of probate or letters of administration of the deceased • current Will and codicils and Will file (if applicable) • former Will(s) • documentary evidence of deceased's reasons for the making the provision set out in the Will, eg letter(s) of wishes or instructions to make the Will • list of the deceased's assets and liabilities • marriage or civil partnership certificate • papers regarding divorce or separation • child maintenance orders • evidence of

Maintenance provision for children under Schedule 1 to the Children Act 1989

This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 (ChA 1989) and details what orders may be made, who may apply and the circumstances in which an order may be made for a child over the age of 18. It also considers matters the court will have regard to, the position in relation to half siblings and relevant case law.Most child maintenance will be dealt with by the Child Maintenance Service (CMS), see Practice Notes: Statutory child support scheme and Child support—jurisdiction, however, by virtue of ChA 1989, s 15 and Sch 1, the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or entered into a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of ‘carer's allowance’ has been considered and...

Capitalised maintenance on variation

This Practice Note sets out the circumstances in which the court may make a lump sum order by way of capitalised maintenance on an application for the variation of a periodical payments order in favour of a party to the marriage or civil partnership. Such orders may not be made in nullity or judicial separation proceedings. It considers the orders that can be made by the court, the courts’ approach and when the ‘fast-track’ financial remedy procedure under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 will apply.General principlesUnder sections 31(7A)–(7F) of the Matrimonial Causes Act 1973 (MCA 1973) and the Civil Partnership Act 2004 (CPA 2004) equivalent provisions, the court has the power in specified circumstances to make a lump sum order, property adjustment orders or pension sharing orders (unless the pension was shared at the time of the original divorce/dissolution or separation proceedings) by way of capitalisation of the maintenance provision made in favour of a party to the marriage.These powers may be exercised only where, after...

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Eviction of Unauthorised Campers in Vehicles

Eviction of Unauthorised Campers in Vehicles Notice of a direction to leave this land To all occupants of vehicles on this land and to any other persons with them From [insert name of Local Authority] We hereby give you notice under section 77(2) of the Criminal Justice and Public Order Act 1994 that the Council has given a Direction under section 77(1) of the Criminal Justice and Public Order Act 1994 that: 1 you are to leave the land known as [insert description of land, eg Fullbright’s Meadow, Weston, Northshire];[ and] 2 you are to remove the

Connection agreement for private wires

Connection agreement for private wires Date of Agreement _____________________________________20[XX] Parties 1 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Company); and 2 [name of company], a company incorporated in [insert jurisdiction] (registered number [insert co. number]) whose registered office is at [insert address] (Customer). Background (A) The Customer is the owner and operator of the Customer’s Installation. (B) The Company is the owner and operator of the Distribution System. (C) The Customer wishes to export electricity generated by the Customer’s Installation to the Company’s Distribution System. (D) [The Parties wish to enter into a contract on or about the date of this Agreement, under which the electricity generated by the Customer’s Installation shall be supplied to the Company by the Customer (‘Power Supply Agreement’). (E) In consideration of the Parties entering into the Power Supply Agreement, the Company shall allow the electricity generated by the Customer’s Installation to be exported to the Distribution System in...

Dive into our 442 Precedents related to Maintenance

What are unitranche facilities?

What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...

Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit?

Can a parent claim child maintenance from the other parent in circumstances where the potential paying party earns less than the potential receiving party and may be liable to pay them maintenance pending suit? The powers of the court to order child periodical payments were severely curtailed by the Child Support Act 1991 (CSA 1991). In most cases, where the parents of children separate and an agreement for their maintenance cannot be reached between them, the provisions of CSA 1991 will oblige the non-resident parent (NRP) to pay child maintenance to the parent with care (PWC) via the Child Maintenance Service (CMS). The scheme does not extend to those who are habitually resident outside the UK. Child maintenance is payable for any child under 16 and for any young person (aged over 16 but not having attained the age of 20) who is in full-time education and for whom child benefit is payable (see CSA 1991, ss 1 and 55, and the Child Support Maintenance Calculation Regulations 2012 (CSMCR 2012),...

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Competition weekly highlights—12 December 2024

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to launch an investigation into the construction and roofing sector regarding suspected bid rigging, (2) the CMA’s decision to launch a consultation on Vifor’s commitments to end its abuse probe into disparaging treatment in the iron treatment market, (3) publication by the CMA of an update report on the Rail, Road and Inland Waterway Transport Block Exemption, (4) the CMA’s phase 2 decision to conditionally clear Vodafone/CK Hutchison JV, (5) the Controlled Foreign Companies (Reversal of State aid Recovery) Regulations 2024 to enter into force on 31/12/2024, (6) publication by the CMA of new procedural rules and guidance for water references, and (7) publication by the DBT’s of two subsidy control principles assessment guides for public authorities. This week's highlights also includes, from an EU perspective: (1) the Court of Justice’s judgment in a national reference from Latvia concerning Article 101 TFEU restrictions in car warranties, and (2) the Commission’s announcement that it has...

A closer look at the Data (Use and Access) Bill of 2024

Information Law analysis: Victoria Hordern, partner at Taylor Wessing LLP, discusses the Data (Use and Access) Bill, how it differs from previous proposals, who will be impacted, and key takeaways for data protection and privacy practitioners.

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