A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Form A advice

  • oceanlava
  • oceanlava's Avatar Posted by
  • Senior Member
  • Senior Member
More
29 Oct 20 #514622 by oceanlava
Topic started by oceanlava
Hi

Unfortunately my ex wife and i cannot fully agree on the fine details of the financial Consent Order that has been drafted.

Her solicitors (I am unrepresented as i can't afford it) have added in a global order for child maintenance and spouse maintenance that will end when our youngest child turns 18. I am not agreeing to this as i believe once the FMH is sold in 2025 (something we managed to agree on) i should only pay child maintenance not spouse too and the amount should be as per the calculator in case for some reason my income decreases. I am simply trying to avoid a financially weak situation occurring.

So from speaking to a legal professional i was advised that the only way to resolve the dispute is to go to court. So i have just started to look at the Form A and i'm not really sure which boxes i would tick so any advise would be very welcome.

The draft order was

FMH to be sold in 2025 - Ex to live there with children until then although i have the children 6 nights a fortnight
Both pay half the mortgage until its sold
Equity split of 65:35 in her favour
i pay 20% of the building insurance
Any essential repairs to the FMH to be 50:50
Then the global order of £1 spouse and £xxx child maintenance.

I was ok with the rest of it just the global order. I would have agreed to pay global order amount until the house is sold and then just pay child maintenance as per the calculator after.

So what boxes do i tick in the Form A under the Notice of Application section? I just want to get this over with as it has been dragging on since Dec 2018.

Thanks

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
30 Oct 20 #514625 by WYSPECIAL
Reply from WYSPECIAL
As others have advised don’t agree to it and let the court decide.

You don’t give information about incomes but usually whoever gets to remain in the house pays all the costs associated with it.

Who decides what are essential repairs?

What is going to happen in four years that will enable her to rehouse herself elsewhere and who will have control of the sale?

Are there any other triggers for sale? If she moves in her new partner in 12 months time do you still pay half the mortgage and subsidise his living costs too?

Unless all this is detailed there are more alarm bells than just the bit about global maintenance.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11