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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.


Should CM payments be included in consent order

  • MrsMathsisfun
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03 Apr 12 #321371 by MrsMathsisfun
Topic started by MrsMathsisfun
My partners sol is currently writing up the draft Consent Order. When she asked him to proof read it, there was no mention of child maintenance payments.

As they have a private arrangement should this be mentioned?

Also it was agreed that cm would be payable to ex until children are 18 (leave full time secondary education) and that support during a first degree would be payable directly to the child. Shouldnt this also be included in Consent Order?

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03 Apr 12 #321373 by cookie2
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jaymdee wrote:

As they have a private arrangement should this be mentioned?

If they ar both happy with the private arrangement then there''s no need to mention it. CM payments are regulated by the CSA anyway so if he decides he is paying too much, he can go to them.

support during a first degree would be payable directly to the child. Shouldnt this also be included in Consent Order?

No, Payments directly to the child have nothing to do with the divorce. That is a matter between the ex-husband and the child.

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03 Apr 12 #321381 by MrsMathsisfun
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if there is no mention in Consent Order does that mean either party could go to the CSA at any time?



He is happy to pay cm but as income is tight,
he is concerned about the potential changes to the CSA guidelines. He would like to know where he is financially for a year without worrying what the change to gross rather than net pay might mean.

Also if it isnt mentioned about him paying directly to his child during first degree what safe guard has he that his ex wont be entitled to continue to receive cm during this time.

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