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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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Downward variation of spousal maintenance

  • spooky
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18 Aug 12 #350371 by spooky
Topic started by spooky
Hello Wikis,

My ex husband is applying to the court for a downward variation in SM from £800pcm to £1 because he says he is stressed in his job and wants to work half time.

What,if any, evidence will he have to produce or may have to produce to justify the reduction in hours?

I am slightly worried as he is in the business so to speak.

He is 47 and seemingly in good health (going to the gym, playing rugby etc)

Many thanks.

  • LittleMrMike
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18 Aug 12 #350410 by LittleMrMike
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Most jobs have some element of stress associated with them. Merely being stressed is not if likely to be regarded as a sufficient reason to give a job up.

The trouble is that there are men who will use tactics like this, basically to spite their ex''s. Judges are well aware of that and he will have a difficult time persuading a Court to reduce the maintenance for this reason.

Basically he is under an obligation to take reasonable steps to maximise his income. I say '' reasonable '' because he is not expected to work all the hours God sends. Experience on wiki suggests that judges tend not to be sympathetic to reductions allegedly made necessary by a voluntary act on their part,

LMM

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18 Aug 12 #350414 by spooky
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Thank you Mike,

He has his full time job which pays 100k plus but sits on 2 committees as well. One pays 20k but he says that is finishing, the other he says he is just paid expenses which I assume is to employ someone to do his job when he is not there.

I have suggested that if he did not stand on these other committees he might reduce his stress levels and be able to fulfill his main employment and maintenance obligations.

He tried this 4 years ago saying that his salary was drastically reduced but the Judge was not interested and the SM continued as originally ordered and he has managed to pay!

I think that this may be just another ruse and he is hoping that I am so tired of going to Court I will just agree.

I have also moved away from the area so am less able to know what he is up to.

I only hope that the Judge will see this for what it is as inevitably we will end up back in Court.

He has sent me a copy of an application for variation but has named me as the Petitioner and has not filled in a Form A as far as I can see so either this is another ruse or he doesn''t know what he is doing!


Many thanks.

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