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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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Varation to maintenance post-divorce

  • motherof2
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  • Junior Member
  • Junior Member
23 Apr 12 #325881 by motherof2
Topic started by motherof2
Please can anyone help - my ex has requested a review of spousal maintenance which was agreed by Consent Order four years ago. I have received a court date and requested to fill out all form E (again...)declaring assets and income, however I have read elsewhere on the web that I should only have to declare income at this point.

We had as clean a break as possible re assets at the time - he received a cash sum against the equity in the marital home and he kept all his other assets (inc his pension whereas I have negligible pension since I gave up my career to look after the children). In total he got over 40% of the assets and only sees the children for one day in every 14. It seems unfair that I should have to declare assets at this point as my parents bailed me out at the time to enable the children and I to stay in our home. He has a large salary (over 100K) whereas I only work part-time due to the age of the children.

Any advice greatly appreciated!

  • Fiona
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  • Platinum Member
  • Platinum Member
23 Apr 12 #325885 by Fiona
Reply from Fiona
Court decides what information is relevant in a particular case. The sharing of assets cannot be changed but capital might be relevant in that it could reduce your need of spouse maintenance. For example, if the mortgage was paid off or reduced your expenditure on mortgage payments would be less.

However, the court will also take into account your ex-husband''s ability to pay SM. If he has had salary increases or promotions or now shares living expenses with a new partner there is the possibility that the outcome of an application to vary downwards will be an increase in SM.

  • motherof2
  • motherof2's Avatar Posted by
  • Junior Member
  • Junior Member
23 Apr 12 #325886 by motherof2
Reply from motherof2
Hi Fiona,

Many thanks for your help. It''s so difficult as there are no Absolute calculations for spousal maintenance. He is applying on the basis that I am now cohabiting, however the combined income of myself and my partner is probably only 50% of his own, and he also remarried two years ago. The real problem is that his wife has voluntarily given up a highly paid career and they don''t want to adjust their lifestyle accordingly.

I have called the court to ask advice on how to complete the form but they were unable to advise me. I am loathe to engage a solicitor having spent all my savings getting divorced in the first place!

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