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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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Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Maintenance payments whilst unemployed

  • beetle
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20 Jan 08 #11270 by beetle
Topic started by beetle
Once a Consent Order is set up with payment amounts agreed what happens if you loose your job. My partner signed a consent oder and agreed his weekly maintenance payments which he has paid without fail each week. He then became unemployed for 12 weeks and paid his ex half of his job seekers allowance. He still had access and saw the children but had them extra days taking them to school and collecting them whilst off. He now has a job and has instantly started his maintenace payments but his ex is taking him to court for back-pay of maintenace - can this be right? How can you pay when you were earning nothing?

  • Josh2008
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20 Jan 08 #11277 by Josh2008
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Not so sure they can make him pay when he clearly could not, and hats off to him for doing what he did when unemployed.

Maybe his ex should have sought social security or other help when he couldn't pay

I don't think it will be worth her while persuing such a small amount unless she can do so with legal assistance

  • attilladahun
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20 Jan 08 #11279 by attilladahun
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Technically in the absence of a variation the arrears accrue and could theoretically be enforced.
Practically if genuine unemployment I advise evidence is supplied to other side with a suggestion payments be made for the period payments are made for notice period. Thereafter the letter should undertake to supply written evidence once the payer is re-employed and subject to pay being broadly the same confirmation the payments will restart.

The letter should ask the person in receipt of payments to agree to the above and that she will agree to sign a letter to the Court if necessary agreeing to a remission of arrears for the period only whilst the payer is unemployed.

The letter should politely point out that yu are trying to avoid the Cost to both parties of an application to the Court as that will incur Court fees and legal costs which could be better spent on the children!!

The reason that you suggest the app to the Court is done after the payer gets reemployed means there is always a Court Order otherwise if the order is reduced to a nominal one more costs of having to go back to the Court or delays if CSA involved.

In reality as long as the receiver agrees to X£ being written off when H gets new job no app to the Crt will be actually necessary.

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20 Jan 08 #11280 by attilladahun
Reply from attilladahun
Technically in the absence of a variation the arrears accrue and could theoretically be enforced.
Practically if genuine unemployment I advise evidence is supplied to other side with a suggestion payments be made for the period payments are made for notice period. Thereafter the letter should undertake to supply written evidence once the payer is re-employed and subject to pay being broadly the same confirmation the payments will restart.

The letter should ask the person in receipt of payments to agree to the above and that she will agree to sign a letter to the Court if necessary agreeing to a remission of arrears for the period only whilst the payer is unemployed.

The letter should politely point out that yu are trying to avoid the Cost to both parties of an application to the Court as that will incur Court fees and legal costs which could be better spent on the children!!

The reason that you suggest the app to the Court is done after the payer gets reemployed means there is always a Court Order otherwise if the order is reduced to a nominal one more costs of having to go back to the Court or delays if CSA involved.

In reality as long as the receiver agrees to X£ being written off when H gets new job no app to the Crt will be actually necessary.

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