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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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 for variation of spousal maintenance

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17 Aug 12 #350169 by maisymoos
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I think you need to do as Cookie says and wait for him to apply for a variation as he needs to do. He cannot unilaterally reduce SM or if he does a Court will take a dim view and enforce order and arrears. Keep all evidence you have regarding his lifestyle etc, if I were you I would just sit tight until actually applies.

He would not be unable to use a pension lump sum to capitalise unless it was payable very early. He is only 47??

I am surprised you had no pension share have you made any provision for your retirement? This in itself may be an argument for SM not reducing, if you need to make up years in pension. Are you paying into to a pension?

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17 Aug 12 #350183 by spooky
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My divorce settlement was pre pension sharing and that was why I was awarded joint lives.

My nhs pension was frozen in 1993 so that we could pay extra into his which made sense at the time.

It was reinstated in 2002 but as I was working part time until a year ago it isn''t worth a lot. We all had the equivalent of a Cetva couple of years back when they changed the scheme and mine is worth peanuts.

I used this as an argument last time and it was accepted by the court.

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17 Aug 12 #350213 by cookie2
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If he wants to capitalize (whether using a pension or cash) then that will almost certainly be a voluntary agreement which you would need to agree with. If you do not then a court is very unlikely to accept it.

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17 Aug 12 #350237 by spooky
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Thank you Cookie2

It would seem that, after a bit of reading around, that the case would rest on whether a Judge will accept his argument that he needs to reduce his hours because he is stressed!

I have no doubt that he, like most of us, is finding full time work onerous in middle life but their are many of us who would work half time if we could including me!

From what I have read it would seem that the he has to prove to the Court that he is unable to continue to pay and that his income has reduced substantially.

My circumstances have not changed significantly except that I am earning a little more than a year ago but if he was working full time he would be earning between 4-5 times my salary.

He has undertaken other committments voluntarily , some he says he gets paid for and some not. My argument is that if he concentrated on his job rather than other committments then he could still enjoy his lifestyle and afford his maintenance obligations.

He has requested that I make him an offer but surely this should be the other way round!

It would seem that an application to the Court should be made using a Form A so hopefully his 4 pages of demands will be returned to him so I shall not worry until I hear from them.

The real sadness is that if he had asked for a small reduction I would probably ( with legal advice) agreed to prevent yet another court application but it seems that he hasn''t changed one bit, he knows better than the Court and unless I agree to his terms then it''s back we go again!

The Judge did say last time that he diidn''t want to see us again! It''s been 12 years, it has to end sometime.

The only idea that I have suggested is that once the children are no longer dependant on either of us, in theory, we could review the situation. That would be in 2018 when he would be 54 and still a fair way away from retirement. He rejected this idea.

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18 Aug 12 #350281 by soulruler
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Oh no! Not 12 years and 14 applications and still a demanding and know it all ex!!!!!

I think maybe we should meet up, trying to think of the number of applications but I have been dragged to court by my ex during the past 4 years 32 times - most times he fails even to attend and states that I am a vexatious litigant.

At this point in time I think you should maybe mention if it does get to court and mention to him in person that you believe that in making endless applications and in ignoring the judge last time saying there has to be an end and they didn''t want to see you in court that he is in danger of abusing process and being a vexatious litigant and if he does keep playing up that you will ask the court whether they are prepared to make some sort of civil restaint order against you ex to stop him making endless applications and harrassing the life out of you.

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18 Aug 12 #350289 by soulruler
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Also if the court does consider it appropriate to make a civil restraint order those orders come under CPR not FPR so there is a bit of cross litigation going on as Form A is FPR.

He is not in a very strong position bearing in mind he has lots of assets which the court could find it appropriate to agree to a charge or force a sale.

It sounds like your claim for debt pre-dates the IR debt. The IR is good at reclaiming debts but I don''t think that means that you and your claim should be prejudiced.

Maybe you should consider as this is yet another threat of making an application on notice by way of Form A into court for adjudication. Have a look at section 37 - not sure that it is exactly relevent as it is supposed to stop disipation of marital assets before or after a judgement and separtion during the financial aspects of divorce.

If the court agrees that he is abusing process and theatening you unnecessarily they may make an order and attach a penal notice - the real threat of prison if he doesn''t start behaving may make him realise that he has to stop playing nasty harrassing games.

I would have thought however, that threatening to stop a maintenence that was agreed on no good grounds did amount to sort of disposal of assets and definitely to a breach of an order obtained in ancillary relief.

My hideous ex and his legal team attempted to get an extended civil restraint order from a High Court Judge who sits in the RCJ against me. On the form (which is an order not an application) they stated that they were the judge, mispelt the name of the judge and stated that if I ever wanted to take out a claim or make an application I had to apply first to that Judge only - not even get permission from a district Judge.

Bizarre, totally bizarre as all I have done is defend endless malicous claim after claim and negotiated and asked them to stop prosecuting me.

They also ticked that I was the claimant in all of this when in fact at the point they applied (which was at a private oral hearing so they shouldn''t even have been there) I was not a claimant or a defendent but an appellant - there is no order currently in UK Courts for a civil restraint order against a party who makes an appeal - appeals are seen as rights - although sometimes with the way real criminals go on I do not think they always should be a right - there needs to be an end to litigation and adjudication at some point as the judge involved in your case has obviously stated.

Maybe as you have been put on the back foot and left in a state of quandry and worry for so long you should now step out on the front foot and see what the court can do to help you.

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18 Aug 12 #350298 by soulruler
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Just checked the criteria for civil restraints and in fact I was wrong as you can get a restaint order to stop a person making endless appeals.

Still believe I was right in my appeal as the Judge did not say that I had done anything wrong, I was basically appealling their failure to transfer the FMH to me which was the order at the final hearing.

Whilst I was at appeal against their failure they had taken two claims against me to re-claim the house by way of statutory demand and final charge.

I think your ex is vexatious in the same way as mine - I have to say at this point in time as mine will not stop (he is like a rabbit on speed) I do think a prison sentence more than appropriate - I think that the real threat would concentrate your husbands mind.

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