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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


When SM is not being paid as per the order

  • dukey
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19 Aug 11 #283674 by dukey
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Firstly attend the hearings alone then it wont cost a penny.

Caps deal with enforcement of AoE orders but its the judge who sets what should be payed and the protected earnings level.

The payer would receive form N56 which is basically a statement of means income and basic needs, they then send form M338 to accounts to confirm his income.

So now the madness, a judge can agree you need x amount monthly and order it, but if N56 shows he cannot pay at that level you get the problem you have, what is very important is to confirm with court the protected earnings level is correct.

A problem we have seen on wiki before is the judge makes an order in court orally dictates it ready for typing, and then by mistake the protected earnings level is actually the stated needs and not the level decided by the judge, easy to rectify via the slip rule though.

As far as the arrears are concerned you need to ask for a "full order" meaning he will pay all the money owed, or you may have the choice of accepting a lump sum if offered.

In order to be sure of having a full order you need to be reasonable when asking how much per month he should pay for the arrears, again this will depend on his statement of means,its also important when considering his statement you look at what he actually needs and not what he says he needs.

If you talk to caps they will tell you they rarely if ever receive N56 with a stated disposable income, most state they are short every month and thus should not have to pay.

Its worth looking at N56 at HMCS so you know what is reasonable as far as court is concerned.

For most the best place to start is Money Claim Online
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25 Aug 11 #284557 by aboy
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If the ex is in self employment can't the arrears be obtained with a third party debt order on the Bank? For example get the arrears that way plus future payments?
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05 Apr 12 #321879 by honey_finder
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Hi Dukey,
Can you touch on whether costs can be claimed for pursuing arrears or unpaid SM?

Regards
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05 Apr 12 #321885 by dukey
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Yes you can ask for your costs, and you should.
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05 Apr 12 #321889 by honey_finder
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Just wondering on what the chances are if the other party is recently out of employment, and they argue that they have attempted to resolve outside of court. Any experience here?

Thanks
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05 Apr 12 #321899 by dukey
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The payer has the right to apply to vary or discharge the order should their circumstances change, if the payer is out of work and therefore cannot pay enforcing is pointless, court cannot make the payer pay what they don''t have, and no costs order would be made.
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05 Apr 12 #321902 by honey_finder
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Thanks. And is this is normally enforced via County or Magistrates Courts? I have seen conflictng posts on this.
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