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What are we each entitled to in our divorce settlement?

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Variation of Spousal Maintenance

  • kolical
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17 Mar 08 #17040 by kolical
Topic started by kolical
Hi,

can you advise me on whether I am entitled or justified in applying for a variation order given the following;

I settled my SM at £600 pm until age 63 or my ex wife remarries. I wanted to have "or co-habits" but was advised that this was almost unenforceable and that if I felt co-habitaion was taking place then I should apply for a VO since a judge would view this in the same light as "re-married".

I visited my original solicitor who now do not accept this advice was given.

At the time of the divorce, my ex wife was given our house via transfer of equity, and I also pay maintenance for my 2 children until they are out of uni (which I have no issue with).

She was living alone and needed substantial financial help, but now she is co-habiting and, whilst I have no access to financial information, I understand she is very comfortable.

I now feel circumastances have changed so much that my payment is far too high. So basically can I go back and vary this?

Thanks in anticipation,

  • LittleMrMike
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18 Mar 08 #17145 by LittleMrMike
Reply from LittleMrMike
You can always apply to vary on the grounds of changed circumstances. The fact that your ex is cohabiting is potentially relevant. I don't know how much they have changed, so can't help you here.

Be aware, however, the Court will review the whole situation afresh. One of the difficulties is knowing exactly what your respective financial position is. It is possible, in theory, to ask for an increase and get a reduction, and vice versa.
So there is usually a risk in asking for a reduction unless
your case is a pretty good one, say following retirement or redundancy.

Mike 100468

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18 Mar 08 #17147 by kolical
Reply from kolical
Thanks, appreciate the advice. I've ben doing a fair bit of digging and it does seem co-habitation, or de-facto relationships, can be a reason for a variation. I've seen a couple of posts to that effect on here too. My financal situation hasn't really changed, although I think a temporary period of job hunting is imminent(!) but I dont want to confuse the issue with that. Hers however have changed significantly and I have held off any application until our children are of an age where any access retribution will be fruitless.

I intend to see a solicitor to progress this and will let you know how it goes. I did hear I could apply myself to the court though, is that correct?

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