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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Is the statement of arrangements legally binding?

  • Lexiejayne
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22 Jun 12 #338444 by Lexiejayne
Topic started by Lexiejayne
Hi all ......
I am in the middle of my divorce and I have just applied to get my Nisi....
My soon to be ex husband has just kicked off about paying me maintenance.

In the statement of arrangements it states he pays me a set amount a week .... He has signed his reply and stated that yes he agrees with the statement of arrangements....

Does this mean if he starts messing my payments about I can use this as proof of what he pays .... And is it legally binding .... Ie does he legally have to pay what is stated ?

Thanks all

Lexie

  • dukey
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22 Jun 12 #338449 by dukey
Reply from dukey
Sorry but no the SoA is not legally binding it''s just so the judge knows the basic arrangements for the children so s/he can allow the divorce to proceed.

If you have problems with child maintenance then you need to contact the CSA so do it sooner rather than later.

  • Child Maintenance Options
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25 Jun 12 #339043 by Child Maintenance Options
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Hi Lexie

Thanks for the post. You don’t actually mention whether this is spousal maintenance or child maintenance payments.

If you were referring to child maintenance payments, then a Consent Order would be legally binding and the courts could chase your ex-partner for missed payments.

For more information on child maintenance you can contact Child Maintenance Options free on 0800 988 0988 or visit www.cmoptions.org

I hope that this helps

  • Fiona
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25 Jun 12 #339160 by Fiona
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Dukey is spot on. A statement of arrangements is just a statement outlining the arrangements for children on divorce so the court can ensure adequate arrangements are in place. The statement isn''t the same thing as a Consent Order settling the finances and it isn''t legally binding and can''t be enforced.

As the finances on divorce haven''t been resolved you may agree for child maintenance be paid voluntarily but then it isn''t enforceable. You could make a binding private agreement which *may* be enforced through the small claim court.

Alternatively you can agree child maintenance and it can be included in a Consent Order as part of the divorce settlement and then any arrears can be enforced. One year after the date of the order either party can apply to the CSA.

The other option is to apply to the CSA for assessment and if necessary collection of child maintenance.

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