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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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How do you end spousal support?

  • joe672
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03 Dec 07 #8275 by joe672
Topic started by joe672
Hi,

Have searched the site but couldn't find the answer, apologies if I missed it. Can anyone tell me where to look to find out how to end making spousal support payments? Got Decree Absolute few months ago, trying to do as much without using solicitor.

I'm assuming since spousal support is in Consent Order then I have to go to court first citing reason (eg cohabitation), rather than simply stop making payments. An affadavit of some kind is required I imagine but don't know where to begin.

Thank you very much for any suggestions.

  • LittleMrMike
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03 Dec 07 #8279 by LittleMrMike
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You touched a raw nerve there, pal !!!

I suppose that if a triggering event happened, eg your ex died or re-married, you could stop paying right away and don't need to involve the Court at all. Leaving that aside, you would still have to pay unless you can get the order varied or discharged. You make an application to the Court setting out the grounds on which the application is being made.

I am not a practicioner in this field but I doubt whether the Court would discharge the order on account of your ex's cohabitation ; cohabitations can, and do, break down, and the failure rate is a little depressing, so I would expect the Court to be reluctant to end the order altogether. You need to be aware, and any solicitor would tell you, that the Court will look at the whole situation afresh, so that it is possible, in theory, to ask for a reduction and get an increase.

So while I am at it, can I ask one simple question on my own account directed at the two posters on this site whom I know to be in practice, unlike me.

In April I will reach what would have been our ruby wedding, and it will also mean I have been paying SM for a quarter of a century. My ex is in a home for mentally handicapped adults, and there is no realistic chance of recovery. Although we have long since been reconciled,
I have been kicking around the possibility of asking the Court to discharge the order, if not now, then at some specified date in the future at least to give me some light at the end of the tunnel. It is likely that the SM benefits the Council rather than my ex and that it would make no difference to her if the payments stopped.

I would be willing in principle to make an appointment with a solicitor, and to pay for it, to advise as to my chances ; I won't do it on wikivorce, the arguments for and against are a bit technical, and revolve partly round the likely repeal of the ' liable relative ' provisions in the National Assistance Act 1948 and partly on a case which I confess I can't quite remember.
Distance is no problem because the issues could easily be set out in correspondence.

The question is, am I wasting my time and money because any application would be bound to fail ? Or is there at least enough merit in my case to warrant a discussion ?

One final thought. If any reader of this site has a spouse or ex in a care home, and wants to know what I am talking about, send me a PM. I will be happy to explain it.

Mike 100468

  • maggie
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03 Dec 07 #8284 by maggie
Reply from maggie
Who would represent your wife Mike ?

  • LittleMrMike
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03 Dec 07 #8299 by LittleMrMike
Reply from LittleMrMike
Maggie,

Her sister, who is my ex's receiver. She is known to be sympathetic to my situation but feels her hands are tied.

Mike

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