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?
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!
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.
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 ?