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Read our latest Financial Settlements guide (2021)

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.

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

Order to attend court

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spurs43
Posted by
Junior Member

23 Jul 15 #464527 by spurs43

Topic started by spurs43

Hi,
I am currently trying to apply to vary spousal maintenance as I am unable to pay at the current rate and unfortunately have had to slightly reduce the payments I have been making. I know this is not advised but reduced income means I have no option. I did tell ex of this and that I was applying to vary. A recent change in law means I have to attend mediation before the application to vary can be made I believe. I have the initial session booked. However, from nowhere I have suddenly received an order to attend court for questioning in respect of the reduction I have been paying.

My question is can I tell the court that I am in the process of trying to vary even though I can''t put the paperwork in yet as you have to get the mediator to tick a box?

Has anyone experienced this situation and can advise me?

Thanks

Fiona
Platinum Member

25 Jul 15 #464585 by Fiona

Reply from Fiona

Contact the mediator to see if they can sign off the application and/or bring the intial session forward so you can apply to vary ASAP, then inform the court of the position. An application to vary is heard before enforcement.

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