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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.


Future-proofing spousal maintenance

  • SunshineOnARainyDay
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06 Mar 18 #500059 by SunshineOnARainyDay
Topic started by SunshineOnARainyDay
We have agreed a financial settlement for spousal maintenance as my husband earns enough for both of us and I am unable to work through disability.

Is it appropriate to try to future-proof it by dictating in the consent agreement what will happen if circumstances change?

My husband is particularly keen to know what should happen if I should either get better (and earn) or get worse (and claim PIP) - would I keep that money, give him half (we have a basic 50/50 split of everything to start with), or give him all of it as that would still leave me enough to cover my expenses?

Many thanks.

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06 Mar 18 #500063 by XXXX
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Hi Sunshine,

As someone going through variation proceedings, I would advise that it is not possible to future proof spousal maintenance. Either party can apply for a variation due to a change in circumstances and it means going through the whole financial remedy proceedings again from scratch.

The best future proofing is to secure as many assets as possible so you are not reliant on maintenance!

Hope that helps.

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06 Mar 18 #500065 by SunshineOnARainyDay
Reply from SunshineOnARainyDay
Thanks XXXX, I appreciate your answer.

Are variation proceedings expensive? Are there arduous forms to fill in?

Good luck with your proceedings.

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06 Mar 18 #500067 by XXXX
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Yes and yes.

So far I have been through a First Hearing represented by a Barrister. Had to submit form E and Form E1 with all supporting paperwork, plus Statement of Issues, Form G and Barristers brief. With solicitor it has come to nearly £12,000.

Have an FDR hearing next so trying to exchange responses to his Questionnaire, plus valuations for my property. As my ex husband is not cooperating this could go on and on so I am doing this as a LIP with solicitor back up.

Very stressful and costly. If you can secure enough assets to minimise maintenance you will be in a better position.

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06 Mar 18 #500068 by SunshineOnARainyDay
Reply from SunshineOnARainyDay
Oh my goodness, that's really useful to know, thanks so much.

Wishing you all the best.

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06 Mar 18 #500070 by Mysteriousgirl
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I'm also going through a variation as my ex is trying to downward vary the payments. I want capitalisation of the whole amount without the variation being heard but am being told this is highly unlikely. I'm going to final hearing soon - I'm not backing down on this one - I want my money as per the Consent Order he agreed to.
Yes, it's a long, stressful and costly experience. What I don't understand is why you need property valuations when spousal maintenance is based on income ? Can capital needs be reopened ?

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06 Mar 18 #500072 by XXXX
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Hi, I have asked for capitialisation so you do need to look at assets. We have ended up doing the full form E again.

Also my ex-husband is hoping ( wrongly) I am sitting on a gold mine of equity that will negate any need for maintenance at all. :laugh:

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