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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.

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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Mesher order and spousal maintenance

  • Eelwhacker
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08 Aug 18 #503274 by Eelwhacker
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Having to go back to court due to my ex wife not paying the mortgage or building insurance as agreed by "consent" in a mesher order for the last 9 months. The mortgage is in my sole name due to the ex's bad debts so I have had to pay otherwise I would be blacklisted and have my credit rating trashed. My ex has never made any attempts to release me from the mortgage. The order was originally made when all children were living with her 9 years ago, but since then the youngest now lives with me and has left education and is trying to join the army, and the second youngest has gone to Uni. My wife is being made redundant next week and we will have only one part time income and can pay our own bills but not hers and I already owe a lot of people personally to keep going. Two questions, is the judge likely to enforce the sale as she is not complying with the order, and b) in relation to spousal maintenance, does the following mean she has no claim for spousal maintenance (Clean Break) after the youngest reaches 21.

4) The Respondent shall make periodical payments at the rate of 5 pence per annum to the applicant during their joint lives until the earlier of the following events:-

a) The Applicant remarries or cohabits for a period of 6 months within any 12 months
b) The youngest reaching 21 years of age or ceasing full-time tertiary education,
wtichever is the latest;
c) The children all ceashg to live with the Applicant.
d) A further order terrninating paymcnts is mede
5) Save as aforesaid all the Respondent's claims for property adjustment order, lump sum
claims, periodical payments and secured periodical payments shall be dismissed and he shall not be entitled to nuke any further claims under Matrimonial Causes Act 1973

  • WYSPECIAL
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08 Aug 18 #503275 by WYSPECIAL
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How many children are there in total and do any still live with her?

You mention youngest and second youngest so it's not clear.

If here are no children still in education and living with her you would seem to have a strong case to get the house sold in order to get your money back.

It's very rare that nominal SM orders get increased so if you're applying to Court to force a sale ask for that to be revewied and ended too.

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08 Aug 18 #503277 by Eelwhacker
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Three children, the oldest is 22 and working after moving up and living with us for 3 years after the ex kicked him out at 18. The middle one at Uni away from home and is 19, the youngest 17 (nearly 18) and lives with me. Agree with the nominal order bit, but in fairness we are skint so there is nothing for her to chase, does it end when the youngest is 21 anyway?

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08 Aug 18 #503280 by spinit
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"c) The children all ceashg to live with the Applicant. "

None of the children live where her so wouldn't this condition apply ahead of the youngest being 21?

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08 Aug 18 #503282 by Eelwhacker
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The middle one is going to Uni but resides with her during the breaks/holidays. Would that not kind of interfere a little?

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08 Aug 18 #503284 by WYSPECIAL
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spinit wrote:

"c) The children all ceashg to live with the Applicant. "

None of the children live where her so wouldn't this condition apply ahead of the youngest being 21?


19 year old is in tertiary education though.

How big is house? She clearly can't afford to run it and if she could get somewhere smaller with her share of the equity, after indemnifying you for your losses, then you could argue that middle one could stay at new smaller property when not at uni. Alternatively could they realistically stay with you?

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08 Aug 18 #503285 by spinit
Reply from spinit
ok I misread it.

Spousal maintenance is based on the receiver having a need and the payer being able to pay out of their income, not capital. From what you describe you are working part time, have one of the children living with you and are struggling to pay your own bills as in you don't have the ability to pay any spousal maintenance out of your income.

Your main concern is going to be getting the house sold. If at some point she had three children and herself living there presumably the house is four bedroom. Now there is just herself and occasionally another adult who could make their own housing arrangements so her housing requirements are a one bedroom property.

So you have the order that she has violated and currently she is from the sounds of it over housed, I would say you had a very good case to force a sale.

Have you put in a CMS claim for child maintenance from your ex as with the only remaining child living with you, she should be paying you child maintenance and I believe that she would have to pay you child maintenance out of the redundancy money she is getting.

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