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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Changes to maintenance after absolute

  • you think its all over
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26 Nov 07 #7754 by you think its all over
Topic started by you think its all over
My divorce was finalised over a year ago.

We both agreed on the statement of arrangements for access to the two children and a fixed sum for maintenance, which is more than I would be entitled to under the CSA rulings.

My ex has now stated that he can no longer afford the amount that we agreed even though he has been paying it for 5 years and it has never increased.

He has said that he will make one more payment of the agreed amount and then the next payment will be reduced by a quarter.

Can he do this?? Does the statment of arrangements hold any legal weight?

Thanks

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27 Nov 07 #7798 by DownButNotOut
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The statement of arrangements is usually completed by both sides near the start of divorce proceedings.

It is my understanding that it is a means for the court to be satisfied that reasonable arrangments are in place regarding the children's living and educational needs whilst the divorce is being processed.

It is not intended to be a permanent agreement to cover the situation post-divorce and i do not believe that anything in it is binding.

The various threads of the divorce process result in a number of documents which are binding/permanent:
- the Decree Absolute which confirms the marriage is over.
- a residency order and/or contact order which defines the arrangements for the children
- a Consent Order or court order which defines the financial settlement

It appears that you do not have a Consent Order in place.

So in that sense the financial aspect of your divorce was never finalised.

You cannot make your ex stick to the statement of arrangements.

Your options are to go through the CSA (though if he has been paying more than they will calculate then this may not help).

Or if he earns a lot more than you then you have a chance of being awarded spousal maintenance (on top of the CSA child support). To make a claim for this you would need to apply for ancillary relief, which is basically a request for the court to oversee a process to agree a final and binding financial settlement for your divorce - it seems in your case this was never done.

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27 Nov 07 #7799 by DownButNotOut
Reply from DownButNotOut
The statement of arrangements is usually completed by both sides near the start of divorce proceedings.

It is my understanding that it is a means for the court to be satisfied that reasonable arrangments are in place regarding the children's living and educational needs whilst the divorce is being processed.

It is not intended to be a permanent agreement to cover the situation post-divorce and i do not believe that anything in it is binding.

The various threads of the divorce process result in a number of documents which are binding/permanent:
- the Decree Absolute which confirms the marriage is over.
- a residency order and/or contact order which defines the arrangements for the children
- a Consent Order or court order which defines the financial settlement

It appears that you do not have a Consent Order in place.

So in that sense the financial aspect of your divorce was never finalised.

You cannot make your ex stick to the statement of arrangements.

Your options are to go through the CSA (though if he has been paying more than they will calculate then this may not help).

Or if he earns a lot more than you then you have a chance of being awarded spousal maintenance (on top of the CSA child support). To make a claim for this you would need to apply for ancillary relief, which is basically a request for the court to oversee a process to agree a final and binding financial settlement for your divorce - it seems in your case this was never done.

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