Page 68 - Bundle for MF Final
P. 68

The responaent snau a1scnarge as anct when each payment becomes due,  be
                      1.
                Bates no   067
                          solely responsible for and in any event indemnify the applicant against:
                          a.     all interest and capital repayments due in respect of the mortgage;

                          b.     all sums due in respect of service charge, counci] tax, utilities (including
                                 but not limited  to gas,  electricity,  water  and telephone  accounts),  and
                                 buildings and contents insurance premiums in respect of the former family

                                 home.


                    Variation of periodical payments order with a non-extendable term
                    22.    Paragraph 1 of the order of District Judge Bowman dated 5 November 2018 is

                           varied so that applicant shall pay to the respondent periodical payments at the
                           global  rate  of  £3,209  pcm  (being  notionally £2,125  for  the  benefit  of  the

                           children and £1,084 to the respondent it being agreed that these sums shall be
                           put towards the children's school fees), payable monthly in advance by standing
                           order. Payments shall start on 6 July 2018, and shall end on the first to occur of:
                           a.    the death of either the applicant or the respondent;

                           b.    the respondent's remarriage;
                           c.    a further order; or
                           d.    6 JULY 2021 after which the respondenfs claims for periodical payments
                                 and secured periodical payments shall be dismissed, and it is directed that:

                                  1.    upon the expiry of this term, the respondent shall not be entitled to
                                        make any further application in relation to the marriage for an order
                                        under the Matrimonial Causes Act 1973 section 23(1)(a) or (b) for
                                        periodical payments or secured periodical payments;
                                  n.    pursuant to the Matrimonial Causes Act 1973 section 28(1A), the

                                        respondent may not apply for an order to extend this term;
                                  m.    upon the expiry of the term, the respondent shall not be entitled on
                                        the applicant's later death to apply for an order under the Inheritance

                                        (Provision for Family and Dependants) Act 1975, section 2.
                                  For the avoidance of doubt, the respondent may not apply for an order to
                                  extend this term� Further, paragraph (d)(iii) shall not apply in the event of
                                  the applicant's death prior to the expiration of this term.



                     23. The global payments to be increased annually on 6 July each year until 6 July
                            2021 or otherwise in the event that there is a percentage rise in the applicant's
                            basic monthly net salary during the preceding calendar year (that is to say, after
                            deduction of national insurance contribution, contractual pension contribution,

                            medical  i.nsur-ance,  PA YE  at the rate appropriate from time  to  time  and  any
                            other  compulsory  deduction  from  salary  but  not  SA YE  contribution).  The
                            payments will be increased in line with any increase in the applicanfs net pay
                            (e.g. if the applicant's net pay increases by 10% the payments would increase by
                            10% i.e. by £320.90).
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