保证交付赡养费命令

名词

neolog

secured provision order

noun

Comparative law notes

Article 48 of China's Marriage Law is rather vague in dealing with the enforcement of financial and property division: "In case any person refuses to execute the judgment or decision on the payment of expenses for upbringing, supporting or maintenance... the execution may be enforced by the people's court..." There is no specific provision for ensuring that maintenance will be paid.

Definitions of secured provision order

an order made during family proceedings that is secured against an asset telling one of a divorcing married couple or separating civil partners to pay the other one some money, either as a single payment or as a regular payment, or both. Such orders are rare, but may be granted when the court is uncertain as to whether a person is actually going to pay maintenance payments. An example of a situation which might lead to a secured provision order is where a husband lives overseas but has property in the UK.

If you are concerned that your former spouse will not make maintenance payments as ordered, it may be possible to apply for a secured provision order.