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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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advice on returning to court on maintenance

  • phil0102
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26 Feb 08 #15128 by phil0102
Topic started by phil0102
I need some advice / thoughts. Know its long and sad tail but moral is don't go to the courts!!

I was 55 two years ago and after 26 year marriage my wife (54) divorced me, no particular reason just that she didn't love me anymore, nobody else involved on either side. two children both over 18, one about to start uni. She decided to divorce me on the week that I was made redundant and new that the pay off would be close to £100k.

Her solicitor got financial planners and barrister in very early to check all our savings etc and end result is that we went to court ( I also employed an expensive barrister at the end) where she was awarded 50% of assets - about £600k, 64% of my pension as she was going to live longer, the pension pot included a small services pension which I had already left the services before we got married. Additionally since we had lived abroad for 18 of the 26 years then she supposedly couldn't work, she also suffered from asthma to some degree, had some hearing difficulty which she played on during the court hearings but wanted to open up a reiki / holistic business after divorce.

The judge (woman) whilst very complimentary to me and believed that i was honest and upright character was less awarded maintenance for her of equivalent of 40% net of my take home salary for the first year after divorce and equivalent of 30% net for next 4 years for maintenance for herself NOT for the children ( daughter lives with my ex and still attends local uni). Although my salary has gone up by about 10% the payments are fixed - £1,500/m for 12 m and then £1,250/mnth for 48m.

The judge did not take account of the interest that my wife would have received from her share of the split assets
I want to get advice on whether I was treated harshly wrt maintenance payments. Effectively I would have to pay her till she attained her pension age of 60 and I would have to work ( commuting to London) to pay this court order.

What happens if I lose or give up my job or take a reduction in my pay when maintenance was assessed ( 2006). Do I continue to pay maintenance, can i automatically reduce the payments, Is it worth going to court to get a better adjudication.
To be frank I feel that the legal profession is tainted and I have been treated unfairly considering there was nobody involved and my ex 'just wanted to do her own thing'
Can I go back and argue about the service pension and maintenance payments or get reduction?

I need help and honest answers, going to solicitor I feel that I wouldn't get a clear answer and effectively let down.
Any advice and of similar situations and actions would be appreciated.

thanks

  • Fiona
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27 Feb 08 #15157 by Fiona
Reply from Fiona
There are 14 days to appeal against a judgement and you need to show

(a) New, important and relevant evidence has come to light which wasn't known of before and which would change the ruling or;
(b) The judge has made an error of law or;
(c) The judge has exercised his discretion unreasonably or otherwise given a "perverse" judgement

Otherwise a settlement may only be overturned in very exceptional circumstances such as a Barder event (an unforseen event happening within months of the order eg one party dying that changes the basis upon which the order was made) or if substantial hidden assets come to light.

There needs to be a change in circumstances to apply for a variation to spouse maintenance.

On the face of what you have written I can't see grounds for any of the above. Sorry.

What happens if I lose or give up my job or take a reduction in my pay when maintenance was assessed ( 2006). Do I continue to pay maintenance, can i automatically reduce the payments,

As above, you would need to apply for a variation to the order.

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