The Family Court has the power to make many orders. Here are some examples.

Financial proceedings upon divorce or dissolution of a civil partnership – under the Matrimonial Causes Act 1973

Property Adjustment Order

The court can order one party to transfer their interest in the family home or other property to the other party. The court can order who pays the cost of the transfer.

The court can order that the family home or other properties must be sold. The court can determine issues such as how much the property must be marketed for sale for, which estate agent and solicitor will be instructed to deal with the sale and set out how the net sale proceeds should be divided between the parties.

Lump Sum Order

The court can order that one party pays a lump sum of money, or a series of lump sum payments, to the other party.

The court can order that interest will be payable upon a late lump sum payment.

Periodical Payments Order

The court can order that one party must pay monthly spousal maintenance payments to the other spouse (in addition to child maintenance), including on an interim basis (maintenance pending suit). The court can determine the amount of maintenance and for how long it will be paid.

Child Periodical Payments Order

Generally, child maintenance payments are governed by the Child Maintenance Service, but in some circumstances the court can make child maintenance orders if the parties reach an agreement (where the order will be binding for 12 months) or in respect of top-up maintenance where the non-resident parent’s income is more than £156,000 per annum gross.

School fees Order

The court can order that one party or both parties pay private school fees.

Pension Sharing Order

The court can order that a percentage of one party’s Cash Equivalent Value of their pension/s is transferred into a pension in the name of the other party.

Pension Attachment Order

The court can make a pension attachment order (previously known as an earmarking order) allowing one spouse to receive a percentage of the other spouse’s pension benefits when they become payable.

Orders in relation to a company

The court can order that a business must be sold, that a party must resign as a director or company secretary or that one party transfer their shares in a company to the other party.

Freezing Order / s 37 Order

The court can prevent one party from disposing of or dealing with their assets until overall financial matters are agreed or determined by the court.

Orders for the Execution of a Document

The court can order that the Judge sign documents if one of the parties fails to do so, such as a Transfer document to transfer property from one party to the other.

Clean break Order

The court can order that the parties’ financial claims against each other be dismissed so that they have no future financial claim against each other, either during their lifetimes or upon their respective deaths.

Children proceedings – The Children Act 1989

Child Arrangement Order

The court can make orders providing who a child will live with and when they will spend time with the other parent. The court can determine whether a child’s time with a parent should be unsupervised/supervised or direct/indirect such as by sending letters. The court can determine child arrangements such as the contact handovers.

Specific Issue Order

The court can determine specific issues such as which school a child will attend and any medical treatment they will receive. Read our blog on Specific Issue Order here.

Prohibited Steps Order

The court can prevent a parent from taking specific actions in relation to a child such as changing the child’s name and relocating to live in another area.

Read our blog on Prohibited Steps Order here.

Parental Responsibility Order

The court can grant a parent or stepparent Parental Responsibility for a child.

Declaration of Parentage

The court can make an order establishing who is a parent of a child.

Read our Declaration of Parentage blog here.

Schedule 1 Children Act Order

The court can make orders for financial provision for children. In most cases these orders are made where the parents are not married. The orders can include maintenance, lump sum and property orders.

Orders under The Trust of Land and Appointment of Trustees Act (TOLATA) 1996

The court can make orders to resolve disputes about the ownership of property. Such orders are usually made when parties are not married. The court can make Declarations as to how property is owned and make orders for the sale of property with a determination as to how the net sale proceeds should be divided.

Injunction proceedings – The Family Law Act 1996

Occupation Order

The court can order who should live in the family home and order a party to leave.

Non-Molestation Order

The court can order a party not to use or threaten violence against the other party (and the children) or intimidate, harass or pester them. A Non-Molestation Order can be made against spouses, civil partners, boyfriends/girlfriends or relatives.

Read our blog on Non-Molestation Orders here.

Enforcement Orders

The court can enforce orders to ensure compliance such as an attachment of earnings order, a charging order, an order for sale or a committal order

Costs Orders

In certain circumstances the court can order that one party pay the other party’s legal fees.

Support

At Porter Dodson our experienced and specialist family lawyers can advise on all aspects of the family court and all of the court orders the family court can make. For more information, please contact our Family Law Team who would be happy to advise you.