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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.

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Maintenance agreement

  • Medivac
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18 Feb 08 #14253 by Medivac
Topic started by Medivac
I've agreed with my wife to sign my house over to her, and then pay no Maintenance for the kids.(although I still will see them alright) to hopefully stop any financial hardship for us both, is this a good move? and is this document I've posted legaly binding?
My main worry is to sign everyhting over and then the judge turn around and say "yep you still pay"

here we go:

UPON the petitioner and the respondant agreeing that the provisions of this order are accepted in full and final satisfaction of all financial claims and claims over any property whatsoever which either may be able to bring howsoever arising.

AND UPON the petitioner and the respondant having reached agreement as to the division of the contents of the former matrimonial home.

AND UPON the petitioner undertaking to the court to use her best endeavours to procure the release of the responant from any liability under the mortgage secured upon the former matrimonial home 10 xxxxx road in favour of the xxxx PLC and in any event to indemnify the respondant against sure liability.

AND UPON the respondant declaring that for the purposes of the insolvency Act 1986 he is solvent at the date of his financial statement to FPR rule 2.61 filed herewith in that:-
a) he is able to pay his debts as they fall due;and
b) the value of his assets exceeds the amount of his liabilities both contingent and prospective.

AND UPON the petitioner and the respondant agreeing that the petitioner will at no point during the minority of the children of the family seek to claim any form of maintenance for the children from the respondant

AND BY CONSENT it is ordered that:-
1. The respondant do transfer to the petitioner within 56 days of this Order all his legal estate and beneficial interest in the property 10 xxxxx road subject to the mortgage secured thereon in favour of xxxx plc.
2. Save as above the petitioner's and the respiondant's claims for financial provision and property adjustment orders do stand dismissed and neither the petitioner nor the responant shall be able to make any further application in the relation to the marriage under the matrimonial causes Act 1973 s23(1)(a) to (f) and s(b) and (c) or the welfare reform and pensions Act 1999.
3. Pursuant to the inheritance (provision for family and dependants) Act 1975 s15, the court considering it just so to order, neither the petitioner nor the respondant shall be entitled on the death of the other to make a claim under s2 of the Act.
4. There be no order for costs insofar as this application and negotiatrions ancillary thereto are concerned.
Signed ect..

wow, that took awhile
does that make sense? has anyone been through this themselves?
thanks for all your help in advance.

  • sexysadie
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18 Feb 08 #14325 by sexysadie
Reply from sexysadie
I don't know about your document but I do know that you can't sign away paying child maintenance, however much property you give your wife. CSA rules are that you have to pay a percentage of your income to the parent with care for the children. Child maintenance isn't covered by divorce courts but by CSA.


  • attilladahun
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18 Feb 08 #14327 by attilladahun
Reply from attilladahun
Sorry Medivac

Agreement is void

Worse than that if order were to slip through the net....you have agreed a Clean Break and W can get CSA Assessment...you then cannot get any assets/in lieu!

Maintenance agreements

34 Validity of maintenance agreements

(1)If a maintenance agreement includes a provision purporting to restrict any right to apply to a court for an order containing financial arrangements, then—

(a)that provision shall be void; but

(b)any other financial arrangements contained in the agreement shall not thereby be rendered void or unenforceable and shall, unless they are void or unenforceable for any other reason (and subject to sections 35 and 36 below), be binding on the parties to the agreement.

(2)In this section and in section 35 below—

* “maintenance agreement” means any agreement in writing made, whether before or after the commencement of this Act, between the parties to a marriage, being—

(a)an agreement containing financial arrangements, whether made during the continuance or after the dissolution or annulment of the marriage; or

(b)a Separation Agreement which contains no financial arrangements in a case where no other agreement in writing between the same parties contains such arrangements;

* “financial arrangements” means provisions governing the rights and liabilities towards one another when living separately of the parties to a marriage (including a marriage which has been dissolved or annulled) in respect of the making or securing of payments or the disposition or use of any property, including such rights and liabilities with respect to the maintenance or education of any child, whether or not a child of the family.

  • Medivac
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18 Feb 08 #14335 by Medivac
Reply from Medivac
Ouchy I was going to sign in the morning too, I rang the CSA and they basically said that if she didn't make an income support claim it would be fine and that chap said that the law was changing in June, I'll ring again and speak to someone else there, I should have recorded it :(

Thanks anyway for helping me with this.

  • Fiona
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18 Feb 08 #14338 by Fiona
Reply from Fiona
Mike who specializes in child support legislation posted this;-

You are able to make a clean break. In the past the sticking point has been Section 6 Child Support Act 1991 which requires a parent to make an application for Child Support if they find themselves on a prescribed benefit (mainly income support). However this is to be repealed in May 2008 when the new CMEC legislation gets Royal Assent.

Under current legislation if you obtain a Court Order you can not return to the CSA for 12 month and 1 day. If you were to get an Order today that would take you to Nov 08 so in effect even if you’re ex partner found herself on Income Support she is not required to complete a Maintenance Application Form.

All you would need to do to get round the 12 month rule is to have written in the order some penalty/pay back should your ex go to CMEC, but if you are both in agreement I cant she any reason why she would.


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