What is a secured provision order?
If you’re making claims for financial orders when divorcing, separating or dissolving a civil partnership, you may include a claim for a secured provision order. These are not very common, but you should be aware of what they are and when they are appropriate.
A secured provision order ensures that one or both partners make periodical payments to the other for maintenance. It will only be made if the payer has enough capital or assets to cover the payment should he or she be unable to pay. In other words, the payer must have money, possessions or a property to use as ‘security’ if he is unable to make the payment.
Why would I need a secured provision?
A secured provision order is a sensible precaution if you’re afraid that you or your ex partner will not able to make the required maintenance payments. For example, if your ex-partner is not earning and you’re relying on him to provide maintenance for your children, a secured provision order would ensure you receive payment, even if it meant the payer had to sell possessions or property. Payments will only be taken from assets if they are not voluntarily paid beforehand.
How do I get a secured provision order?
You must apply to the court for one along with your application for financial orders. The court must agree that there is a real risk payments will not be made. The court will usually be reluctant to grant a secured provision order if the payer has just one or a few assets, but it may still do so if there is clear evidence the payer is likely to fail payment.
Secured provision orders are uncommon, but they can offer you the security you need if you’re worried you won’t receive maintenance payments. If you wish to know whether an order would be appropriate to your situation, or whether you would be likely to be granted one, contact us today.
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