What is a Secured Provision Order?
02 May 2017
A Secured Provision Order is a way to make sure that maintenance payments are made following a divorce in England or Wales.
Maintenance after Divorce
When you get a divorce, there’s likely to be financial matters that will need to be resolved. There will be lots of things to be considered, such as what is to happen to the matrimonial home, whether pensions will be shared, and whether one of you will pay the other maintenance.
There are two types of maintenance payments: Child Maintenance and Spousal Maintenance. These can be calculated as two separate figures or as one global figure, also known as Global Maintenance.
Child Maintenance is paid by the ‘non-resident’ parent to the parent who is responsible for the day-to-day care of the children (known as the ‘primary care-giver’). This is because both parents have a responsibility to contribute towards their child’s everyday living costs, even after divorce or separation.
Spousal Maintenance is there to support the financially weaker person following a divorce. Often this happens when one person has given up work during the marriage, perhaps to look after the children. When the marriage breaks down, he/she has little savings or assets of their own, and so requires financial help from their ex.
If maintenance payments are going to be made, you may be worried about your ex-partner keeping up with the payments. The Court can do something to try and protect you from this by putting a Secured Provision Order in place.
This type of Court Order can only be made if the person paying the maintenance has enough assets (money, property or other possessions) to cover the payment if they fail to pay the maintenance. The assets will be used as a form of security.
Why Do I Need a Secured Provision Order?
It’s a good idea to ask for a Secured Provision Order if you are worried that your ex-partner will not be able to pay the maintenance payments they are required to pay to you.
For example, if they are not working and you are relying on them to pay maintenance for your children, a Secured Provision Order would ensure that you received the payment via an alternative method.
How to Get a Secured Provision Order
A Secured Provision Order is one of the financial applications that can be made to the Court following divorce proceedings being started. The Court would need to agree that there was a real risk that your ex-partner would not make the maintenance payments to you. The Court will usually only want to make this type of Order if your ex-partner has a few assets that the Order could be made against.