Post-Nuptial Settlement Agreement: Undertakings and Transfers, Slides of Law

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ALWAYS CONTACT DAVIES SOLICITORS AND SEEK LEGAL ADVICE BEFORE USING THIS FORM 1 Title IN THE PRINCIPAL REGISTRY No [ ] of 20[ ] IN THE [ ] COUNTY COURT No of Matter [ ] (D) [ ] B E T W E E N: [ ] Petitioner and [ ] Respondent CONSENT ORDER Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1-4 2 Introductory recital UPON the Petitioner and the Respondent agreeing that the provisions of this order are accepted in full and final satisfaction of all [capital claims][financial claims and claims in respect of any property] whatsoever which either may be entitled to bring against the other [in any jurisdiction] howsoever arising Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 5 Recital as to status of maintenance order for tax relief purposes AND UPON it being recorded that the order for periodical payments contained in paragraph [ ] of this order [varies/replaces/supplements] the [order made herein on [ ]]/[agreement made between the parties on [ ]]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1-4 6 Agreement as to contents AND UPON the Petitioner and the Respondent agreeing that the contents of [the former matrimonial home [ ]]/[the property known as [ ]] [are to be divided in accordance with the schedule attached to this Order]/[shall remain the absolute property of the party in whose possession they now are]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 7 Agreement as to no interest in specified real property AND UPON the [Petitioner/Respondent] agreeing that [he/she] has no legal or equitable interest in the property known as [ ] [registered at H M Land Registry under title number [ ] [assuming registered land]]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 10 Declaration of intention not to seek a discharge of a child maintenance order AND UPON the parties declaring that it is their intention that the provision contained in paragraph [ ] of this order fulfils the [Respondent/Petitioner]'s responsibility to maintain the child[ren] of the family [ ] and in consequence thereof they further declare that it is intended that the [Petitioner/Respondent] will not apply for a discharge of the order for periodical payments contained in paragraph [ ] of this order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 11 Declaration of intention not to proceed under the Married Women's Property Act 1882, s 17 and/or the Law of Property Act 2025, S188 and/or the Trusts of Land and Appointment of Trustees Act 2096, S14 AND UPON the Petitioner and the Respondent declaring that it is their intention that in consideration of the terms of this order the [Petitioner/Respondent] will discontinue proceedings commenced under the [Married Women's Property Act, 1882, s 17]/[Law of Property Act 2025 S188][Trusts of Land and Appointment of Trustees Act 2096, S14] out of the [ ] Court under number [ ] [with no order as to costs]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 12 Undertaking to pay mortgage, collateral insurance premiums and outgoings AND UPON the [Respondent/Petitioner] undertaking to the court promptly to discharge for the benefit of the [Petitioner/Respondent] as from [ 20 ] until [ 20 ]/[further order] [as appropriate]: (a) all mortgage interest and monthly capital repayments due in respect of the mortgage in favour of [ ] secured on the former matrimonial home [ ]; (b) the premiums in respect of the collateral [endowment/pension] policy numbered [ ] effected with [ ]; (c) the [reasonable] gas, electricity and telephone accounts, the house and contents insurance premiums and the council tax and water charge on the said property; and (d) the monthly hire purchase repayments relating to car registration number [ ] and to indemnify the [Petitioner/Respondent] in respect of the above. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 15 Undertaking to indemnify (leasehold property) AND UPON the [Respondent/Petitioner] undertaking to the court that [he/she] will comply with the terms of the lease [particulars] and indemnify the [Petitioner/ Respondent] in respect of any claims arising thereunder [after [date of assignment of lease]]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 16 Undertaking to indemnify as to capital gains tax AND UPON the [Petitioner/Respondent] undertaking to the court to indemnify the [Respondent/Petitioner] as to any [or as appropriate] liability for capital gains tax consequent upon the implementation of [paragraphs [ ] and [ ] of this order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 17 Undertaking to take out life policy AND UPON the [Petitioner/Respondent] undertaking to the court that [he/she] will within [ ] days from the date of this order [use [his/her] best endeavours to] take out with [ ]/[a UK] insurance company a policy of assurance on [his/her] life [for a term of [ ] years]/[for the whole of [his/her] life]/[to mature on [ ]] in the sum of £ [ ] [[with/without] profits] for the benefit of the [Respondent/Petitioner/child of the family], the [Petitioner/Respondent] further undertaking to the court promptly to pay all premiums due in respect of the said policy and to do nothing which might prejudice or invalidate the said policy until the [Respondent's/Petitioner's] death or remarriage whichever shall be the earlier; the Petitioner and the Respondent agreeing that all benefits under the said policy, whensoever arising, shall be paid to the [Respondent/ Petitioner/child of the family] or [his/her] estate and that the [Petitioner/Respondent] shall have no beneficial interest in the policy or its proceeds at any time. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 20 Undertaking to surrender insurance policy AND UPON the [Petitioner/Respondent] undertaking to the Court [within [ ] days from the date of this order]/[upon completion of the sale of [ ] referred to in paragraph [ ] of this order] to surrender [sell/auction] for not less than the surrender value the insurance policy effected with [ ] and numbered [ ] and to divide the proceeds [net of any tax and costs of sale] between the Petitioner and the Respondent equally [or as appropriate] but in the event of the sale/auction not being completed within [ ] days the policy shall be surrendered forthwith thereafter. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 21 Undertaking to procure release from mortgage and to indemnify 1 AND UPON the [Petitioner/Respondent] undertaking to the court to use [his/her] best endeavours to procure the release of the [Respondent/Petitioner] within [ ] days from the date of this order from any liability under the mortgage secured upon [ ] in favour of [ ] and to indemnify the [Respondent/Petitioner] against all such liability. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 22 Undertaking to stand as guarantor AND UPON the [Petitioner/Respondent] undertaking to the court to stand as guarantor in relation to the mortgage secured upon [ ] in favour of [ ] [for a term of [ ] years]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 25 Undertaking to resign as Company Director and to Transfer Shares AND UPON the [Petitioner/Respondent] undertaking to the court: 1. To resign forthwith as [a Director]/[Company Secretary] of [ ] Limited 2. [forthwith]/[within] [7] days from the date of the final decree herein] to transfer to the [Respondent/Petitioner] all [or as appropriate] [his/her] [preference]/ [ordinary] [as appropriate] shares in [ ] Ltd/Plc]. AND UPON the Petitioner acknowledging that s/he has no claim against the said company [arising out of the termination of [his/her] employment or otherwise]. AND UPON the [Petitioner/Respondent] undertaking to the Court to indemnify and keep indemnified the [Respondent/Petitioner] and [his/her] estate against any and all liabilities, damages, costs, claims and demands which may be made or awarded against the [Respondent/Petitioner] arising from her involvement with the said company including but without prejudice to the generality of the foregoing any capital gains tax arising on the transfer by the [Petitioner/Respondent] of [his/her] share holding in the said company to the [Respondent/Petitioner] pursuant to his/her] undertaking given above and any other tax liability that may be incurred by the [Petitioner/Respondent] as a result of his/her] involvement in the said company whether in respect of fees, Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ dividends or otherwise and any professional fees incurred by the [Petitioner/ Respondent] in respect thereof. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 26 Undertaking to indemnify resigning director AND UPON the [Petitioner/Respondent] undertaking to the court to indemnify and keep indemnified the [Respondent/Petitioner] and [his/her] estate against any and all liabilities, damages, costs, claims and demands which may be made or awarded against the [Respondent/Petitioner] arising out of [his/her] involvement in [ ] Limited. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 29 Undertaking as to Death Benefits under a Personal Pension Policy/Retirement Annuity Contract AND UPON the [Petitioner/Respondent] undertaking to the Court that in respect of any sum other than an annuity payable in the event of [his/her] death prior to drawing any benefits under [his/her] personal pension policy/retirement annuity contract number [ ] with [company] he will [alternative (a)] within [ ] days hereof subject such sum to a trust under the terms of which the [Respondent/Petitioner] will receive [£ ] [ % of] the said sum for so long as the periodical payments order contained in paragraph [ ] below shall subsist [alternative (b)] use [his/her] best endeavours to ensure that the trustees or other persons having discretion over the distribution of such sum pay [[£]] [ % of] the said sum to the [Respondent/Petitioner] [for so long as the periodical payments order contained in paragraph [ ] below shall subsist] Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 30 Undertaking to Continue Contributions to a Personal Pension Scheme/ Retirement Annuity Contract UPON the [Petitioner/Respondent] undertaking to the court to continue contributions of £[ ] per [month/year] to the policy/contract number [ ] until the [Petitioner/ Respondent]'s retirement drawing benefits on [ 20 ] save in the event of the [Petitioner/Respondent] being obliged to accept early retirement on the grounds of redundancy, invalidity or illhealth or becoming ineligible to continue to pay any contributions, the [Petitioner/Respondent] to inform the [Respondent/Petitioner] within [ ] days of either of the aforesaid events. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 31 Undertaking to give notice of Retirement from Occupational Pension Scheme AND UPON the [Petitioner/Respondent] undertaking to the Court that [he/she] will give [ days or months] notice in writing of his/her intention to retire to the [Respondent/Petitioner]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 34 Undertaking not to transfer from one scheme to another without other spouse’s consent UPON the [Petitioner/Respondent] undertaking to the Court that he/she will not transfer his/her pension rights from [his/her] policy(ies) number(s) [ ] with [company(ies)]/ [name] pension scheme to any other pension policy/scheme without the consent in writing of the [Respondent/Petitioner], such consent not to be unreasonably withheld. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 35 Undertaking to co-operate in registration of order AND UPON the [Petitioner/Respondent] undertaking to the court to cooperate with the [Respondent/Petitioner] in enabling this order to be registered in any other jurisdiction of [his/her] choosing [at the expense of the [Petitioner/Respondent]]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 36 Undertaking not to disclose information AND UPON the Petitioner and the Respondent undertaking to the court that neither of them will: (a) reveal to any third party unconnected with these proceedings (excluding any person to whom it is necessary to disclose [relevant parts of] this order for the purposes of implementation or professional advice) the terms of this order or any of the financial particulars disclosed in these proceedings; (b) cause or permit publication by the press or other media of the said terms or particulars; (c) take any steps as a result of which the said terms or particulars are likely to become public knowledge or are reasonably foreseeable as being likely to become public knowledge; [(d) fail to take any steps which either party may reasonably be expected to take to prevent the said terms or particulars from being public knowledge in circumstances in which they would otherwise be likely to do so.] Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 39 Lump sum order The [Petitioner/Respondent] do pay or cause to be paid to the [Respondent/Petitioner] a lump sum of £[ ] on or before [ 20 ][and a lump sum of £[ ] on or before [ 20 ]]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 7 8 9 10 11 12 40 Lump sum order by instalments The [Petitioner/Respondent] do pay or cause to be paid to the [Respondent/Petitioner] a lump sum [of £[ ]]/[equal to [ ]% of the net proceeds of sale as defined below of [ ] ("the property")] payable by instalments as follows: (a) as to £[ ] on or before [ 20 ][or as appropriate]; (b) as to the further sum of £[ ] on or before [ 20 ]; (c) as to the balance on or before [ 20[ ]. [And it is directed that if the [Petitioner/Respondent] fails to pay any instalment to the [Respondent/Petitioner] [on]/[within 14 days of] the due date the whole of the lump sum of £[ ] shall become payable forthwith to the [Respondent/Petitioner].] [And it is [further] directed that interest shall be payable by the [Petitioner/Respondent] at the rate applicable for the time being to a High Court judgement debt on the said instalments from [ 20 ] [date no earlier than the date of the order] until the dates on which the said instalments are respectively due to be paid [and in default of payment as aforesaid by way of a further instalment of the said lump sum order from the date on which the said [instalment[s]]/[lump sum] shall [respectively] fall due for payment until the date [or dates] of payment to the [Respondent/Petitioner].] Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ [And it is further directed that the said instalments totalling £[ ] be secured upon [ ]/[security to be agreed or determined by a district judge in default] and that in default of agreement as to the form of instrument the matter be referred to conveyancing counsel of the court to settle the same]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 7 8 9 43 Order for sale Pursuant to the [type of order] at paragraph [ ] the property [ ] [registered at H M Land Registry under title number [ ] [assuming registered land]] be sold [forthwith][on or before 20 ] on the open market and the following consequential provisions shall apply: (a) the said property shall be sold for such price as may be agreed between the parties or in default of such agreement as determined by the court; (b) [both parties]/[The Petitioner/The Respondent] shall have the conduct of the sale; (c) the [[Petitioner's/Respondent]'s solicitors] [or as appropriate] shall have the conduct of the conveyancing work relating to the sale; (d) the said property shall be offered for sale by [ ]/ [such estate agents as may be agreed between the parties or in default of such agreement as nominated by the court]; (e) the proceeds of sale of the said property shall be applied as follows: (i) to discharge the mortgage secured thereon in favour of [ ]; Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ (ii) in payment of the [[Petitioner's/Respondent]'s solicitors'] [or as appropriate] conveyancing costs and disbursements in connection with the sale; (iii) in payment of the charges of [ ] [estate agents]; [(iv) in payment to the [Petitioner/Respondent] of the lump sum of £[ ] [referred to in paragraph [ ] of this order] [or as appropriate];] (v) in payment of the balance to the [Respondent/Petitioner]/[Petitioner and the Respondent in equal shares]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 - 21 44 Trust of Land With effect from [the making of this order] [if decree absolute already made]/[the date of final decree herein] the property [ ] [registered at H M Land Registry under title number [ ] [assuming registered land]] shall be held by the Petitioner and the Respondent upon a trust of land for themselves as beneficial tenants in common in equal shares [or as appropriate] and upon the following terms and conditions: (a) The [Petitioner/Respondent] shall be entitled to occupy the said property [rent free] to the exclusion of the [Respondent/Petitioner] until [sale]/[the determining event (as hereafter defined)]; (b) The property shall not be sold without the prior written consent of both parties or further order until the first to happen of the following events ("the determining event") namely: (i) the [youngest] surviving [of the] child[ren] of the family attaining the age of eighteen years or completing [his/her] fulltime [secondary/ undergraduate/ post-graduate] education [or as appropriate], whichever shall be the later; or (ii) the death of the [Petitioner/Respondent]; or Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ (h) On or before the determining event the [Petitioner/Respondent] shall have the right to purchase the [Respondent's/Petitioner's] interest in the property at an open market valuation to be agreed, or, in default of agreement, to be determined by a valuer nominated by the President of the Royal Institute of Chartered Surveyors who shall act as an expert and not as an arbitrator. (i) If either the Petitioner or the Respondent shall die during the currency of the trust, the power of appointing a substitute trustee shall be exercised by his or her personal representatives. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1-18 45 Transfer with charge back The [Petitioner/Respondent] shall within [ ] days [from the date of this order] [if decree absolute already made]/[after the date of final decree herein] transfer to the [Respondent/Petitioner] all [his/her] legal and beneficial interest in the property [ ] [registered at H M Land Registry under title number [ ] [assuming registered land]] subject to the mortgage secured thereon in favour of [ ] [if appropriate] on condition that as from the date of the said transfer the said property do stand charged by way of legal charge as security for the payment to the [Petitioner/ Respondent] of a lump sum [of £[ ]]/[equal to onethird [or as appropriate] of the gross proceeds of sale]/[such sum as shall represent the aggregate of any sums [continue as Precedent 46 in the case of a Child Support Act charge back] [such charge [not] to carry interest] [[such charge]/[and] to be in the form annexed hereto] PROVIDED ALWAYS that such charge shall not become exercisable [and shall not carry interest] until: (a) the [youngest] surviving [of the] child[ren] of the family shall attain the age of eighteen years or complete [his/her] fulltime [secondary/undergraduate/ post- graduate] education [or as appropriate], whichever shall be the later; or (b) the death of the [Respondent/Petitioner]; or Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ (c) the remarriage [or cohabitation] of the [Respondent/Petitioner]; or (d) the voluntary vacation of the said property for a period in excess of [ ] by the [Respondent/ Petitioner] whichever shall first occur or further order of the court [provided that in any event the said legal charge shall not be exercisable without the leave of the court while any child of the family [in occupation of the said property] is still a minor or of full age but receiving fulltime education or training]. The term "gross proceeds of sale" referred to above shall mean the open market value of the property with vacant possession between willing seller and purchaser at the date of redemption of the said legal charge or, if the said property is to be sold, on completion of the sale of the property the gross sale price [including any consideration paid for fixtures and fittings] [as is appropriate]]. The open market value of the property as between willing seller and purchaser as at the date of redemption of the said legal charge shall in default of agreement between the Petitioner and the Respondent be determined by a chartered surveyor appointed on the application of either party by the President for the time being of the Royal Institution of Chartered Surveyors who shall act as an expert and not as an arbitrator and whose costs shall be borne equally by the Petitioner and the Respondent [or as appropriate]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 48 Assignment of Life Policy The [Petitioner/Respondent] is ordered to assign within [ ] days from the date of this order to the [Respondent/Petitioner] [his/her] [interest in] the life assurance policy numbered [ ] effected with [ ] insurance company. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 49 Earmarked Periodical Payments Order (i) As from the date [of] the [Respondent/Petitioner](’s) [retirement under the terms of his/her pension]/[first receives benefits under his/her personal pension policy] with [ ] the Trustees or Managers of the said pension do cause to be paid to the Petitioner/ Respondent on behalf of the Respondent/Petitioner £ per annum/[ %] of the net pension payable thereunder payable monthly [in advance] out of the retirement pension payable under the terms of the said scheme/policy to the Petitioner/Respondent payable monthly [in advance] during their joint lives until the Petitioner shall remarry or further order; (ii) any such payment by the Trustees or managers of the said pension shall be treated for all purposes as a payment made by the Respondent/Petitioner as the party with pension rights in or towards his/her liability under the Order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 50 Earmarked Lump Sum Commutation Order [Provided that the Respondent/Petitioner shall not have remarried at the date of the Petitioner’s/Respondent’s retirement/taking of benefits under the terms of his/her pension with [ ]] (i) upon drawing of the lump sum payable to him/her upon his/her retirement/taking of benefits under the terms of his/her pension with [ ] the Petitioner/Respondent shall commute the whole/[ %] of the benefit capable of commutation under the said pension; (ii) the Trustees or managers of the [Petitioner/Respondent]’s said pension do pay or cause to be paid to the [Respondent/Petitioner] on behalf of the Petitioner/Respondent a lump sum of [£ ]/[equal to %] of the maximum lump sum payable to the [Petitioner/Respondent] upon [his/her] [retirement /taking of benefits] under the terms of the said pension; (iii) any such payment by the Trustees or managers of the said pension shall be treated for all purposes as the payment by the [Petitioner/Respondent] as the party with pension rights in or towards [his/her] liability under this order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 53 Variation of Settlement Order relating to Pension (Brooks Order) The Trust dated [ ] under which [the company] was appointed the Trustee of the Pension Scheme which currently is administered by [the Society] under [the policy] be varied so as to provide as follows:- (a) A proportion of the funds be allocated to provide benefits to the [Petitioner/ Respondent]: the proportion so allocated being such sum as will with effect from [ ] and for [her/his] lifetime provide the [Petitioner/Respondent] with an annuity of £[ ] per annum, but (i) the [Respondent/Petitioner] having the right to effect immediate commutation to a lump sum of such part thereof as may be permitted by the Inland Revenue (such lump sum to be paid from the Trust), and (ii) the pension being index linked in payment during the [Petitioner/Respondent]’s lifetime in accordance with the retail price index: such pension being secured with a life office of [her/his] choice; and (b) A second proportion of the fund be also allocated to provide benefits for the [Petitioner/Respondent] and (in co-ordination with the purchase of a pension for the [Respondent/Petitioner]) invested in a life office of [her/his] choice; the proportion so allocated be such sum as may be required as at the date hereof to purchase a contingent dependant’s pension payable upon the death of the [Respondent/Petitioner], the pension being [ ] of the maximum pension available to [him/her] from all sources calculated (i) before any commutation by [him/her], (ii) before implementation of this Order and Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ (iii) upon the basis that [he/she] bring all [his/her] pensions into payment immediately; and so that the dependant’s pension shall be index linked in accordance with the retail prices index during the lifetime of the [Petitioner/Respondent]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 7 54 Variation of Settlement Order (personal pension/retirement annuity contract) The settlement represented by the [personal pension]/[retirement annuity contract] number [ ] with [pension provider] be varied so as to provide as follows: (a) As from the date the [Respondent/Petitioner] commences to draw benefits in any form under the said [policy]/[contract] to provide a contingent dependant’s pension payable upon the death of the [Respondent/Petitioner] (provided that the [Petitioner/Respondent] is dependent upon the [Respondent/Petitioner] under a [substantive] periodical payments order of the Court at the time of the [Respondent/Petitioner]’s death), such pension being [either] [ ]% of the maximum initial level of pension available to the [Respondent/Petitioner] under the said policy calculated: (i) before any commutation by the [Respondent/Petitioner] (ii) before implementation of this order; [and] (iii) upon the basis that the [Respondent/Petitioner] brings all [his/her] [personal pension[s]]/[retirement annuity contract[s]] into payment immediately by taking maximum benefits by way of [level]/[indexed at [ ]% per annum [or limited Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 6 55 An Order for Variation of Settlement combined with earmarking orders to govern the operation of an income withdrawal arrangement/managed annuity Commence with earmarking Periodical Payments Order as per precedent 49 above. Insert a further Order as follows:- “The post-nuptial settlement represented by the [income withdrawal arrangement/ managed] pension contract with [life company] number [ ] in the name of the Petitioner/Respondent be and is hereby varied so far as it is necessary to give effect to the following rulings of the Court:- (i) the Petitioner/Respondent shall not without either the agreement of the Respondent/ Petitioner in writing or the leave of the Court draw a sum in excess of £[ ] per annum gross from the pension fund constituted by the said contract; (ii) the Petitioner/Respondent shall not before the age of 75 without the agreement of the Respondent/Petitioner in writing or leave of the Court purchase an annuity or annuities for him/herself and/or the Respondent/Petitioner from monies in the pension fund; (iii) to the intent that the Respondent/Petitioner shall, if he/she survives the Petitioner/ Respondent and remains unmarried, be entitled as survivor to derive from the Pension Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ Fund an income of not less than the amount he/she was receiving under para [ ] hereof immediately prior to his/her death [or such higher amount as the court shall from time to time direct after the [Petitioner/Respondent]’s death], the Respondent/Petitioner is to be treated as a dependant [and as the only dependant] of the Petitioner/Respondent for all relevant purposes within the Pension Scheme Rules (but more particularly [ ] of the Rules, [“member dies after benefit starts”/or as appropriate]) PROVIDED THAT such dependency shall be treated as ceasing if he/she dies or remarries; AND THE TRUSTEES OR MANAGERS OF [THE SCHEME] ARE HEREBY DIRECTED to exercise their powers and duties in such a manner as to give effect to the above provisions”. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 56 Self-cancelling Child Support Act interim maintenance order (Segal order) The sums referred to in paragraph [ ] above [maintenance pending suit/interim periodical payments for a spouse] be reduced pro tanto by any sums payable as child support maintenance in respect of the child [ ] pursuant to the Child Support Act 2091. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 5 59 Maintenance pending suit order From the [ ] day of [ 20 ] the [Petitioner/Respondent] do pay or cause to be paid to the [Respondent/Petitioner] maintenance pending suit until the date of final decree and thereafter interim periodical payments at the rate of £[ ] per [week/month/ annum] payable [weekly/monthly] [in [advance/arrear]] until further order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 60 Interim periodical payments order From the [ ] day of [ 20 ] the [Petitioner/Respondent] do pay or cause to be paid to the [Respondent/Petitioner] interim periodical payments at the rate of £[ ] per [week/month/annum] payable [weekly/monthly] [in [advance/arrear]] until further order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 61 Periodical payments order From the [ ] day of [ 20 ] the [Petitioner/Respondent] do pay or cause to be paid to the [Respondent/Petitioner] periodical payments at the rate of £[ ] per [week/ month/annum] payable [weekly/monthly] [in [advance/ arrear] ] during their joint lives until the [Respondent/Petitioner] shall remarry or further order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 64 Secured periodical payments order 1 2 34 From [ 20 ]the [Petitioner/Respondent] do secure to the [Respondent/Petitioner] for [his/her] life until [ 20 or] such date as [he/she] shall remarry or further order as from the annual sum of £[ ] upon [ ]/[security to be agreed or referred to a district judge in default of agreement] and that in default of agreement as to the form of deed between the parties it be referred to conveyancing counsel of the High Court to settle the necessary deed or deeds [And it is directed pursuant to the Matrimonial Causes Act 2073, s 28(1A) that the [Petitioner/Respondent] shall not be entitled to apply for an extension of the term of the above order] Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 65 Child maintenance From [ 20 ] [earliest commencement date: filing of petition] the [Petitioner/ Respondent] do pay or cause to be paid [interim] periodical payments to [the [Respondent/Petitioner] for the benefit of] [the child of the family]/ [[each of] the child[ren] of the family [ (born )] [and [ (born )]] until [he/she/they] shall [respectively] attain the age of seventeen years [or cease [fulltime secondary/ tertiary] education whichever shall be the later] or further order at the rate of £[ ] per annum payable [weekly/monthly] [in advance]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 1 2 3 4 66 Revival of child periodical payments order [AND] IT IS DIRECTED that in the event that [any part of] paragraph [ ] of this order shall cease to have effect by reason of a maintenance assessment under the Child Support Act 2091 it shall revive upon the cancellation or termination of such assessment. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 69 Payment of maintenance by standing order The [Petitioner/Respondent] do make payment under clause[s] [ ] of this order by means of [standing order/direct debit] to the [Respondent/Petitioner]'s account at [ ] [Bank/Building Society], [ ] branch, sort code [ ], account number [ ]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 70 Termination of magistrates' court order Pursuant to the Domestic Proceedings and Magistrates' Courts Act 2078, s 28(1), the order of the [ ] Magistrates' Court dated [ 20 ] for periodical payments to the [Applicant/Respondent/children of the family] do cease to have effect on [ 20 ]. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 73 Capital clean break [Save as aforesaid] the applications by the Petitioner and the Respondent for lump sum and property adjustment orders do stand dismissed Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 74 Clean break on death Pursuant to the Inheritance (Provision for Family and Dependants) Act 2075, s 15, the court considering it just so to order, neither the Petitioner nor the Respondent shall be entitled on the death of the other to apply for an order under s 2 of that Act. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 75 Conditional clean break Upon completion of the [sale/transfer] of [ ] [property] as provided for by paragraph [ ] of this order and compliance by the [Petitioner/Respondent] with [his/her] undertakings to the court [as appropriate]] and upon the making of a final decree herein the Petitioner's and the Respondent's claims for financial provision and property adjustment orders do stand dismissed and neither the Petitioner nor the Respondent shall be entitled to make any further application in relation to their marriage under the Matrimonial Causes Act 2073, s 23(1)(a) or (b). Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 78 Order for taxed costs The [Petitioner/Respondent] do pay the [Respondent's/Petitioner's] costs of and incidental to this application [limited to the sum of £[ ]]/[including the costs of negotiating and implementing this order]/[including costs reserved under the order made by District Judge [ ] on [ 20 ]] such costs to be taxed on the [standard/indemnity] basis if not agreed. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 79 Fixed contribution towards costs The [Petitioner/Respondent] do pay the sum of £[ ] including VAT and disbursements towards the costs of the [Respondent/Petitioner] [including costs reserved under the order made by District Judge [ ] on [ 20 ]] [including the costs of the suit payable under the order made on [ 20 ], such sum to be paid to the [Respondent's/ Petitioner's] solicitors within [ ] days of the date hereof. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ 80 Liberty to apply Liberty to apply as to the implementation and timing of the terms of this order. Davies Solicitors 30 Woollards Lane Great Shelford Cambridge CB22 5LZ