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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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preamble .......how can it be enforced??

  • baboo
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28 Jun 12 #339781 by baboo
Topic started by baboo
in my Consent Order it states in the preamble that the child maintanance will be reviewed each year within 28 days of P60 in accordance with csa calculation , and that an additional amount of £134 per month is paid for sporting activities for the 3 children .
the year the first figure an included in the order was based on a bad years earnings and my ex now earns considerably more . he refuses to do the yearly recalculation though,or show his p60 . I am told the preamble is not enforceable , in which case what is the point of it ? I certainly understood this would be the case . is ther anything I can do , I cannot afford the solicitor route again . many thanks for any help.....

  • Lostboy67
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28 Jun 12 #339783 by Lostboy67
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Hi Baboo,
You can go to the CSA to have the payments assessed assuming the concent order is over a year old. The CSA would then have control over the child maintenace not the concent order. It could be that the extra amount that is payed would be stopped as this falls outside of the CSA

LB

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28 Jun 12 #339785 by baboo
Reply from baboo
Thankyou for your reply ..
so there is no way the preamble part can be enforced then ? I dont see the point of it in the consent order then as I understood that was what would happen , ie be reassesed each year based on the latest p60 and the £ 134 added on top ?
its very frustrating as that bit of paper cost so much to produce and seems not to worth a thing :(

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28 Jun 12 #339794 by dukey
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The short of it is that lostboy is right, the CSA have jurisdiction if either apply after the order is a year old, I''m not a great fan of having CM in a CO.

Consent orders are by their very nature technical which is why only solicitors should write them, the recital often provides undertakings though not always the order itself often depends on the undertakings or promises, the enforceable part is after,

BY CONSENT IT IS ORDERED THAT

Again there are exceptions, it sounds as though you have spoken to a lawyer so you probably know where you stand.

BTW there is no need for a CO to be expensive wiki can provide the service for £139, it''s all I paid as part of the divorce.

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28 Jun 12 #339796 by baboo
Reply from baboo
oh thankyou , I still dont understand why my solicitor would accept this agreement in the preamble bit as oppossed to the enforcable bit though ..... it just doesnt make sense to me at all ! And why if my ex undertook to do that , he can get away with just ignoring it .
thankyou anyway :ohmy:

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29 Jun 12 #339797 by dukey
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This is a bit of a guessing game, we have no real idea of the terms of the order, still all that you really need to know is that the CSA have jurisdiction over CM the addition may be enforceable but you really need a solicitor to look over the order, even then it''s a small amount if money so it may not be economical.

Try and think of the recital like this, if i sell my car for £500 I''ll give you £200 so the order says if I sell my car for £500 I must give you £200 or the court can enforce it, it''s the worst over simplification ever but it''s late and I have floors to take up, who loves storms eh :(

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