Dear all, My Decree absolute should be comming up within a month or so. The consent order will be written up by the other side. I understand some things in the heads of agreement can be tweaked to be written into the consent order. In the scale of things they are not a big deal, but as the HoA was rushed to be signed without it being fully read in its final form in the court room (I was told it was as the agreed draft so don't waste court time reading it in court and just sign....). I would like the maintenance to be reduced from the current level (decided at FDA, although my side argued against the monthly amount). I seem to be paying all household bills, in full, as well. My stbx is so well off they have not bothered to even try to get a job to support themselves since the intial separation. Can a change in maintenance be changed from HoA to the consent order?
If your ex is remaining in the FMH, all bills etc should be transferred into their name for them to pay from the maintenance and their other income.
If they are unable to release you from the mortgage and take it on in their sole name, you need to make sure there is an indemnity clause to cover you if they go into arrears. You also need to ensure there is a clear end point to this arrangement as staying in the FMH mortgage will have an impact on your mortgage capacity.
If there is a lack of clarity regarding your liability to pay, you can make an application to ask the judge for directions.
Thank you for the repies. There is no mortgauge, and no children. I am allowed back to the FH for a few days a month until it is sold. I still don't know why I am limbered with all the bill. Stbx does not need to look for a job due to the amont I pay. My 'spare cash' after bills is about 70% of her Sm. I just don't understand it. How say working hard pays, not in this case.