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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.


What becomes of your FO when EX applies to CMS?

  • caitriona
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19 May 21 #516751 by caitriona
Topic started by caitriona
Help!
I understand that after a year the CMS can change (down ;( the amount of maintenance due but my ex seems to think that his application to the CMS has voided ALL parts of our FO. Is this true? He is refusing to pay anything for our eldest heading to uni because according to the CMS he doesnt' have to and he thinks that trumps the FO. There is also a clause in our FO where he is supposed to show me his yearly tax returns and never has - because, he says - if the CMS see them I don't need to. A fair enough point - except the reason it was in the original agreement is because he is not entirely truthful about what and how he files his taxes and this was meant to be a way of keeping things above board. If i use a D11 to enforce those two clauses will it work? Or am i going to be told what my ex is saying - that no part of our FO is worth the paper it is written on after he applied to the CMS? (There's even a clause in our FO that he woudn't apply to the CMS - fat lot of good that did...)

All help really appreciated. Running on low...

Cait x



  • rubytuesday
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19 May 21 #516756 by rubytuesday
Reply from rubytuesday
The Consent Order (financial order) remains in place, and enforceable. One party opening a CM case with the CMS doesn't affect the rest of the clauses in the consent order, just the one relating to CM. When the CMS become involved and a case is with them, the court is not able to enforce the CM clause.

  • caitriona
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19 May 21 #516758 by caitriona
Reply from caitriona
Ah. Thank you so much rubytuesday. That is really helpful. And good news!
Cait

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