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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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Application to vary a periodical payments order

  • all_shook_up
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06 Jul 12 #341593 by all_shook_up
Topic started by all_shook_up
We divorced in 2004 and the periodical payments I am making to my ex-wife reduced in April to 5 pence.
I have received notice from the Court that my ex-wife is applying to increase this amount. I intend to re-present myself at Court.
If we go to Court and the judge does increase the amount, can it be back-dated to when the application was made to the Court?
The payments reduced to 5 pence because when the Consent Order was drawn up that is when I intended to retire.
I intend to retire in the near future so will I be able to request what will happen when I retire, ideally that payments should stop? Could the judge prohibit me from retiring?
I know this is stupid question but when we went for Court nad I was applying for a reduction in the amount I was paying back in 2009, because my son was 22 years old and I was still paying maintenance for him, the judge stated that if my current wife wanted to stop working she would have to produce a medical certificate showing she was too ill to work.

  • LittleMrMike
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07 Jul 12 #341672 by LittleMrMike
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I''m sorry, but how do I know ? How can anyone know ?
Retirement is not, as such , a reason for ending spousal maintenance. Almost certainly SM will be reduced on the retirement of the payer. But not necessarily ended. I paid SM for my ex wife for many years, even though I was retired ( pension splitting had not become law when we were divorced ). If the payer has the means, there is no reason, at least in principle, why SM can''t continue after retirement. I, for one, ought to know.
No judge can tell you to go on working, but I can conceive of cases where a judge might say that a person retired '' tactically '' as a deliberate ploy to reduce or end SM ; you mention that a judge told your ex that if she gave up work she would have to produce medical evidence.
So much depends on people''s pension rights. You haven''t mentioned anything about your pension rights, or hers.
But what with economic downturns, when many people are being forced into retirement before they might want to, there are no general rules and each case has to be looked upon on its own facts.

If you intend to retire in the near future that is something that the Court can and will take into account.

LMM

  • spooky
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07 Jul 12 #341680 by spooky
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hi there,

I have a joint lives spousal maintenance order.

We still have 4 children in full time education. He pays court ordered child maintenance.

He has written to me to say that he is going half time at work (high earner) because he is feeling stressed and so wants me to agree to reduce SM to £1 a month.

He is still a way away from retirement.

I have said that a good review point for SM will be when neither of us need to support and house the children (6years time).

If I don''t agree he will apply to the court.

There was no pension share. I am working full time but my salary is about 1/5th of his full time salary.

Any advice would be greatly appreciated.

  • dukey
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07 Jul 12 #341684 by dukey
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Spooky

The question is do you think he is just trying to avoid paying or is he struggling with work.

If you need the money let him apply and see what court have to say.

Its not unknown for guys to go part time to vary then all of a sudden go back full time shortly after so its important the order is not discharged, if he really is going to earn less the order needs to revert to a nominal order rather than discharge so that if he does go back full time and you still have the need you can apply to vary.

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07 Jul 12 #341689 by spooky
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Thank you Dukey.

The problem is that he is self employed.

He tried to do this 3 years ago but didn''t play the stress card. His application was dismissed at that time and he was reprimanded for "creative accounting" He claimed that his income was diminishing but lo and behold after the case it increased again.

He has a good salary (100k) from his full time job but has taken on other commitments.

My argument is that if he is so stressed he should give up his other commitments and concentrate on his main job, be less stressed and fulfill his maintenance obligations.

Looks like it will be back to Court for the 15th time!

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07 Jul 12 #341690 by dukey
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Errr 15 times, hmmm this time ask the judge to bar future applications maybe until the youngest is 18, so 6 years time, its sounds though the guy is just playing silly buggers, oh and don`t forget to ask for costs while your on.

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07 Jul 12 #341692 by spooky
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I acted as LIP last time and got costs even though I had no solicitor.

Thank you for the advice. I will try one more letter asking to review in 6 years and then I suppose it''s back to the Court. You would thought he might have learned by now!

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