Varying maintenance after divorce
If you want to vary a maintenance order made in divorce proceedings and are unable to get agreement to do so, you must file a Form 15, obtainable from the Judicial Greffe or from within the Divorce forms and applications section.
You should refer to the date of the order you want varied and give an explanation in a line or so as to why you want the order varied.
Court fees will be payable in the form of Court receipt which can be obtained from Government payment services, Union Street, St Helier, or by debit/credit card at the Family Court Reception at International House, The Parade, St. Helier. The Court fees payable are shown on the fees page but your financial circumstances may be such that you are not required to pay. Further information can be obtained on request from the Viscount’s Department.
You may be eligible for Legal Aid. Check with the Acting Bâtonnier (responsible for the allocation of lawyers to litigants under the Legal Aid Scheme) Telephone: 0845 8001066.
The Court will give you a date for a preliminary directions hearing. Form 15, once it has been processed by the Court, will be returned to you so that you arrange for it to be served on your spouse/former spouse. If he or she has an advocate or a solicitor, then it is the advocate or solicitor who must be served instead.
The Preliminary Directions Hearing
This takes place before the Registrar. If you have lawyers acting for you, they will attend and you don’t have to. However, if you do not have lawyers acting for you, you MUST attend the preliminary directions hearing.
The Registrar will usually make directions as to the filing of evidence about the parties’ finances, and fix a date for a Case Review hearing.
You will normally be ordered to file an affidavit of means – see Practice Direction FD13/01.
A link to the Family Division practice directions can be found in the Divorce, Separation and Relationship Breakdown section.
If either you or your spouse do not comply with the deadlines set by the Registrar, cost orders may be made against the person failing to do so – see Practice Direction FD12/08.
The Case Review Hearing
All parties AND their lawyers MUST attend.
The purpose of the case review hearing, which again is held before the Registrar, is to determine whether anything can be done to sort out the dispute, and find out what outstanding areas of disagreement need to be addressed.
Sometimes, as a result of this process, agreed orders can be made. Even if there is not full agreement, there may be agreement as to certain aspects of the dispute, and interim orders may be made.
If agreement cannot be reached, the Registrar may make further orders as the filing of further evidence, and will set a date for a final hearing. The Registrar will normally order that the parties are to set out/confirm in writing what orders are being sought at a specified time before the final hearing.
The Final Hearing
You and your lawyer must attend the final hearing. Difficult or lengthy cases may be referred to the Inferior Number of the Royal Court.