A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Backdating maintenance

  • timetoheal
  • timetoheal's Avatar Posted by
  • Premium Member
  • Premium Member
More
02 May 12 #328078 by timetoheal
Topic started by timetoheal
I have a maintenance pending suit coming up later this month. It is my understanding that maintenance can be ordered to be backdated to when it was needed (i.e. when stbx stopped paying it) and that can be before paperwork was filed. Does anyone know if this is correct or is there a link with filing of all paperwork? Filing of paperwork was delayed as STBX''s solicitors said they would get the case thrown out for being ''unduly hasty'' and asked for copies of my financials which were promptly supplied but they did not respond!

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
02 May 12 #328082 by maisymoos
Reply from maisymoos
The effective date will be for the judge to decide. So back dating is possible, although in my case it wasn''t and the effective date was from the date of judgement. I expect it will depend on how you have been paying to live. I had my own savings so hadn''t gone into debt.

  • timetoheal
  • timetoheal's Avatar Posted by
  • Premium Member
  • Premium Member
More
03 May 12 #328108 by timetoheal
Reply from timetoheal
Maisy, My parents and siblings have been supporting us since he decided to stop paying. I didn''t have any savings to fall back on. I owe family a lot of money at this stage and would love to be able to pay them back. CNB

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
03 May 12 #328114 by maisymoos
Reply from maisymoos
Hi CNB

This needs to be your argument in court for backdating payments. Do you have signed agreements regarding these short term loans from family members?, having something in writing to prove this would help.

My Dad lent me some money too, we typed out a short agreement and signed it in front of a witness.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11