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Is this a periodical payment?

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22 Dec 18 #505450 by PoyntonFlyer
Topic started by PoyntonFlyer
Hello,

I wonder if anyone can help me please?

My Decree Absolute was granted in 2011 along with a Consent Order. At the time of my divorce, I was in receipt of an occupational pension but due to the cost of obtaining valuations and arranging a pension sharing order we agreed to a periodical payment order as part of the Consent Order. We didn't get a pension valuation or agree to a pension sharing order/pensions attachment, I pay my ex by direct debit after the pension is paid to me and I pay the tax etc, my ex-wife gets a tax free amount.

The Consent order states:

"The respondent shall pay periodical payments to the petitioner. Payments shall be at the rate of £**** per annum payable monthly in advance. The sum paid will be subject to any review made by the pension authority. They shall end on death of the either the respondent or petitioner or by further order terminating the payments."

Further, the order states:
"Upon compliance of the above and any undertakings given by either party, each parties claims against the other for Maintenance Pending Suit, Periodical payments, Secured periodical payments, lump sum for themselves, Property adjustment orders and pension provisions do stand dismissed and neither party shall be entitled to make any further application in relation to the marriage under the Matrimonial Causes Act 1973 as amended."

The clause "subject to review made by the pension authority" was added because the pension received may be increased or reduced after review by the pension authority.

I am aware that under Matrimonial Causes Act 1973 (c 18) s28(1)(a) periodical payments should cease upon the remarriage of the party to whom payments are made.

My wife remarried in 2014 and I remarried in 2016.

My question is this, am I legally allowed to cease payments under this section of the Matrimonial Causes Act 1973?

Any help would be greatly appreciated!

Thank you for reading :)

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