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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.


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variation of maintenance order who pays costs?

  • sue.tomlin
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09 Nov 09 #160611 by sue.tomlin
Topic started by sue.tomlin
Hi,

just a quick question.

I am applying to vary a maintenance order for my children (not spousal).

We are unable to agree on a figure and have a first hearing in December.

who normally pays the Court costs.

how are they decided?

I have self represented so far, but ex is not thratening me with his large legal bill which he has paid his solicitor for advice onlt, he will represent himself in court.


any advice greatly appreciated

  • nbm1708
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09 Nov 09 #160618 by nbm1708
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If it's treated as a normal financial case then each party usually pays their own unless there has been gross misconduct and unnecessary litigation.

However a request can be made to the judge and it be up to them on the day as to who pays and it will be classed as a further hard debt during the case.

In our case each party paid their own throughout. I acted as LIP and my ex had both barrister and solicitor and costs of £50k. They went so high that she couldn't even disclose them to the court. Whats sad is that the money should have been for the children and my ex didn't care and now the family home is having to be sold as a result.

T

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09 Nov 09 #160672 by sue.tomlin
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Thanks T, thats horrendeous....£50k is unreal!

thanks for your reply anyway, I thought from what ex was saying he was going to try and force me to pay his solicitors costs.

I guess thats not hte case.

sue

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09 Nov 09 #160675 by nbm1708
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There's no guarantee either way. It will be up to the judge and if either party wastes court time.

In the end my ex couldn't disclose the £50k and just put down £10k as it was disproportionate to the assets.

T

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10 Nov 09 #160976 by rmbar
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Hi, my ex spend more than 75k and we have no assets, just her large salary. She has now or should have re organized her finances (as ordered by court) which will free up another £1500/ a month. She will not give me any indication as to her new financial situation and our child and I are living in fuel poverty and getting deeper in debt. I need to go back to court to be re assessed. What forms do I need, how much and do I have to travel to the court, our child and I live outside the UK.

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10 Nov 09 #160985 by Fiona
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Is this child or spouse maintenance? If you have an existing order what are the terms in relation to increases?

To apply for variation use Form A and the court fee of £210. You would normally be expected to attend court, although you could seek permission not to and send a legal representative instead.

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10 Nov 09 #161007 by rmbar
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Hi, Spouse maintenance and the order is a little difficult to understand but it says 'the payment shall initially be at the rate of...' and payments shall cease on death, re marriage or further court order.

but then ...and save for specifically for the ongoing nature of the provision in paragraph 1(above) which maybe subject to afuture application by either party under section 31 matri causes act1973, all claims by either party aginst other financial nature arising out of the marraige, wether capital or income or pension sharing and wheter under marit ... shall stand dismissed and nrither party be entilled to bring any further claim...

I cannot travel as I have no money and cannot afford a sol?

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