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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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15 Jan 08 #10701 by jacks123
Topic started by jacks123
Hi first post here but i've been keeping an eye on the sight for a while now and wonder if any of the you have experience of the following

My husband has a Consent Order from 2004 agreeing to pay his ex £300 per month child maintenance and 5p per week spousal maintenance.

Unfortunately he has been made redundant.

I work and have paired down all our expenditure (and believe me there is no room for any luxuries on our budget) and we are still £300 short on income.

My questions are

Am i right in that we can now go to the CSA to make a judgement on maintenance for the children. What is the process for doing this? There is no way that she will voluntarily agree to a decrease in maintenance as its the children's maintenance thats paying for her and her new partner and the children to go to Egypt.

Where does my husband stand on the spousal maintenance? Will he be clobbered for more spousal maintenance if the CSA say he should pay less maintenance for the children? His ex (as i've already mentioned) has a resident new partner who is working and with whom she had another child 2 years ago. They are not married as i think she's worked out that if she did marry then the spousal maintenance net would be lost.

The Consent Order states that the spousal maintenance should be paid up to the youngest child of the marriage finishing full time education. Are we trapped by this up till then as long as she doesn't marry? or can we go back to court to vary the order. What would be our chances as i'm still working?

thank in advance for any advice.

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