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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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What can I do about maintenance if I'm redundant?

  • uptheswanny
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24 Feb 08 #14924 by uptheswanny
Topic started by uptheswanny
I'm an IT contractor, divorced for 1 year, and have recently been laid off, so have not worked for 1 month. It not being the best time of year for new contracts, I was wondering what recourse I have, given that I do not have limitless cash resources to keep paying spousal maintenance. Any advice gratefully accepted!

  • dukey
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24 Feb 08 #14925 by dukey
Reply from dukey
Hi contact the csa let them know you can do it online if your reciveing job seekers allowance £49 per week you will pay £5 per week cm hope it helps
dukey

  • DownButNotOut
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24 Feb 08 #14926 by DownButNotOut
Reply from DownButNotOut
OK so I assume that your are paying SM under a court/Consent Order.

Your main option here is to apply to the court for a variation in SM.

It is important to do it soon as when the hearing takes place (lets say in 3 mths time) they can backdate the variation to the date when you applied, not back to the date when u were made redundant.

So the official right way to do this is to apply for a variation immediately. But you should (this may be tough) keep paying at current ordered level until the variation hearing.

In practice .... you may not be able to pay order amount for next few months....but at least pay what you can.

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24 Feb 08 #14927 by dukey
Reply from dukey
im a plank idiot i answered for cm not SM sorry atleast downbutnotout can read again sorry :unsure:

  • attilladahun
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24 Feb 08 #14931 by attilladahun
Reply from attilladahun
1. Is the SM being paid voluntary or under acourt order
2. Is a CSA assessment in force

If SM voluntary advise spouse in writing your plight and pay such SM as you can afford

If made redundant use the redundancy payment to pay SM for the redundancy notice period advise spouse of payment + proof + efforts being made to get new job and suggest that if you cannot pay rather than waste resources making application to Court to vary what you suggest is that the SM stays in place for now and that when you get a new job your spouse agrees to remit the arrears whilst you unemployed..ask her to confirm her agreement in writing to that suggestion...if not tell her in writing that if not she forces you to seek a variation and if so you reserve your position on costs.

Tell her the advantage of doing matters that way is she always has an order in force...if you go to Court to vary and the Crt amends to a nominal order she has the expense of making another app to Crt to get a new order (more expensive!!)

If CSA make application to vary asap.

  • uptheswanny
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25 Feb 08 #14968 by uptheswanny
Reply from uptheswanny
Thanks for the reply, as always the situation is a little complicated. As a contractor I don't get notice period nor redundancy, and the court order for SM is at such a level that I was uncomfortable going onto the housing market (back in late 06) due to job and equity concerns (I ended up after 20y marriage with 50k of under-performing endowment policies, and so was looking at v.high mortgage repayments). In short, right now I have some savings, so could last maybe 3 months before going into debt, but my point is this - can the courts demand I sell for their residual value the endowments, on the basis that I am currently renting property for the reasons above?

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