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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.

 

changing a consent order

  • lizzie23
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17 Sep 10 #224970 by lizzie23
Topic started by lizzie23
My ex - wife and I had our final hearing a year ago and a Consent Order was made.

My ex now wants to make a change to the order because what she initially agreed is no longer beneficial to her .

She has started to make court threats to get the order changed ( although not formally as yet ).

I cannot afford to go back to court , I will have to self represent.

My question is - if she does decide that she wants to make changes to the original consent order..... will I have to pay any of the court costs ? or indeed , what will I have to pay for ?

The divorce process and the final hearing have left me struggling with debt..... she received legal aid and I imagine would get the same financial help again.

Thank you in advance.

  • eyes on horizon
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17 Sep 10 #224973 by eyes on horizon
Reply from eyes on horizon
what are the details and what does she want to change?

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17 Sep 10 #224975 by eyes on horizon
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right, had a look through your threads.
Has your income dropped?

If you dont have the means to pay, you can't. A judge may vary downwards in your favour and she finds herself worse off by her own doing.

  • lizzie23
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17 Sep 10 #224982 by lizzie23
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Thank you for your reply , the answer was very welcome.

My income has dropped , I pay about 1500 GPB per month in respect of my ex , so for a year I have been living on an overdraft and will probably continue to do so for the next couple of years.... until all divorce debts are paid off.

My son has dropped out of school, the consent order states that if this happens the school fees are not payable by me . So I reduced the payment from my bank to hers in accordance with that.

She never let me know that my son had left school... so I would have carried on paying - being none the wiser . ( the school informed me )

She really wants to hurt me financially , and knows that court is expensive for me and not for her ( I don't know if she pays her legal fees back )

Will I have to pay for anything if she drags me back to court ( if I self represent ) to get the consent order changed .

Thank you in advance .

  • lizzie23
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17 Sep 10 #224984 by lizzie23
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Also I was recently told ' if you have payed this for a year already .... why cant you carry on paying it '

It was a legal advisor that said this , my reply to which was..... ' my ex payed the money to the school for fees ... so the only beneficiary was the school.... not my ex wife.'

I don't know if that would be a strong argument on my part.... she just wanted me to have as little money as possible.... even though she never actually had it ! It was a case of 'I'll make sure he pays.... for everything ! '

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