Case No. BV18D07667

This, of course, does not mean that a subsequent order cannot be made which may have the effect for the future of undoing the original payment. If, on a judicial separation, the husband had been ordered to pay the wife £1,000 and if the husband subsequently divorced her because of her adultery and was granted custody of the children, it might well be that the court would then order her to pay him £1,000 or some other sum. This would not be a variation of the original order, but a new order made in the light of the changed circumstances when a second occasion arose to review the f‌inancial position.” (emphasis added)70.Thus, the recommendation was that lump sums payable by instalments should not be variable as to overall quantum save in the (clearly uncommon) situation where a matrimonial cause for judicial separation was followed by one for divorce. The draft Bill provided for that in clause 9(4). As for the instalments of a lump sum, clauses 9(1) and 9(2)(b) provided that the court had power to discharge, vary or temporarily suspend an order under clause 2(2)(b). The notes to clause 9 on page 79 state:“Hence orders for lump sum payments (except in relation to the instalments or the security therefor) and out-and-out transfers are not variable at all and orders for other property adjustments are variable only if made on the grant of a judicial separation and then only in the circumstances stated in subsection (4). But all other orders are variable.