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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.


Spousal Maintenance

  • maisymoos
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02 Apr 12 #321305 by maisymoos
Topic started by maisymoos
My final hearing judgement granted spousal maintenance as a segal order. My ex wants the Consent Order to state this will be payable after the FMH is sold, my solicitor says she does not believe the judge intended me to have to use my share of assets to cover my income needs until the home is sold and that it should be payable from the date of the hearing .

The judge accepted my income need and stated that in his view it was affordable. Is the only way to resolve this a further court attendance?

  • hadenoughnow
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02 Apr 12 #321321 by hadenoughnow
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maisy

It is a court order and not a Consent Order. The judge decided what was to happen and if your ex does not comply, he is breaking the order. How exactly is the order worded at present? If it is ambiguous you may need to seek clarification. If it is clear but he just does not like it, then he would have to appeal or apply for a variation ... but I wouldn''t rate his chances of success so soon after the FH.

Hadenoughnow

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02 Apr 12 #321323 by maisymoos
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Thank you that is the problem the order does not give any detail about when it payable from. It just says the global rate less CSA payments. Think we will probably need to return to court to seek clarification :(

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02 Apr 12 #321328 by hadenoughnow
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AFAIK a court order becomes enforceable on Decree Absolute ... do you have DA yet?

Hadenoughnow

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