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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.


Prohibitive steps Order

  • redwine47
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11 Aug 12 #348743 by redwine47
Topic started by redwine47
Stbx was previously paying a bit over the normal CM which helped cover school fees travel etc. He then for some unknown reason stopped and is paying minimum CM minus overnights.

I sent letter to my solicitor stating that I could not afford for my child to continue at this school as because of extensive fees.... Unless stbx contributes to these extra expenses.

Just received a letter from his solicitor stating they will be taking a Prohibitive Steps Order if I make any changes to his education. No mention of help towards costs

What am I supposed to do?

  • rubytuesday
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11 Aug 12 #348749 by rubytuesday
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If you cant afford the fees for the current school, then your child continuing to attend that school isn''t an option. A Court wont order you to keep your child there if you don''t have the funds to do so.

It would be better to move your child now, and ensure a school place in time for the start of the new school year, than to wait until the money/fees run out and then have to scrabble about trying to find a school placement. By moving sooner rather than later, this gives you time to look around and find a suitable school for your child.

I would think that if your ex wants your child to continue at his current school, then the ex must in some way help financially facilitate that.

I fail to see how a PSO could be obtained after the fact. Also, once your child has moved schools, a Court is unlikely to order the child to return to the previous school as this would create considerable upset for the child.

  • Fiona
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11 Aug 12 #348757 by Fiona
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Are the children still enrolled with the fee paying school and do you want your children to change school?

I wouldn''t be in too much of a rush to change schools. Changing schools is one PR issue were parents need to consult or agree or obtain permission from the courts. Courts take a dim view of one parent acting unilaterally. If your ex wants the children to remain at their existing school and you can''t afford it the courts can make an order that your ex pays the school fees or at least part of them on top of CM.

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11 Aug 12 #348762 by Fiona
Reply from Fiona
Sorry for the third degree, but one last question. What arrangement is there with the school? Often there is a contract with both parents so if one parents doesn''t/can''t pay the fees the other parent is liable for the whole amount.

  • redwine47
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11 Aug 12 #348769 by redwine47
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No problem...

I dont wish my child to move schools as he is happy where he is and had to sit numerous exams to get in.

Stbx expects me to pay for everything out of the CM , including the fees, transport(its in another town) expensive uniform sports, rugby kit, computer/equipment etc etc. Even when stbx paid extra previously I had to top up with our "disputed savings" which his legals are now demanding as to why.

Ive already provided expenditure sheet, receipts, explanations. I literally dont have enough money (and I''m unemployed or temping). His solicitor says this is not good enough!!

Im not quite sure what else I can do, the figures dont add up, if the money wasnt needed I wouldnt be asking for it. Surely that makes sense.

BTW stbx can afford this he has an affluent lifestyle.

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11 Aug 12 #348770 by Fiona
Reply from Fiona
Independently or as part of the overall divorce settlement you can make an application to the Court under Schedule 1, Children Act 1989 for additional financial provision for a child to include payment of school fees, books, uniform and even payment for school trips etc.

By objecting to a change in school and threatening a PSO it''s likely your ex has dug himself into a hole.

  • redwine47
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11 Aug 12 #348774 by redwine47
Reply from redwine47
Fiona Is this Schedule 1 Order a separate issue from SM (which I was thinking of applying for also) or could it be included as part of SM,

I dont really mind as long as funds provided.


Thanks in advance.

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