When can an Application for a Financial Remedy be brought?

An Application for Financial Remedies may be made at the same time as the Application for a Matrimonial Order or at any time after that Application has been made. The Court, however, has no power to make Orders until the Decree Nisi has been granted. The Orders of the Court will then not take effect until Decree Absolute has been granted i.e. when the marriage is finally dissolved. The Matrimonial Causes Act 1973, Section 28, makes provisions relating to continuing provision Orders. Periodical Payment Orders may not be expressed to begin before the date of the Application. Also, other than where a child over the age of 18 is in education or has special needs, no financial provision may be made in respect of a child has reached 18 years of age. Periodical payments Orders to or for a child will cease upon the death of the party paying.

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