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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.


Spouse maintenance

  • Timtom68
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20 May 12 #331894 by Timtom68
Topic started by Timtom68
Hi,
Divorced few years now. Was paying very Hugh spouse money. Am still paying high child maintenance plus school fees. 16 months ago ex agreed to cut half sm as was getting married. That didn''t happen. Just received letter to say enforcing original order. How do I stand?
Thank you

  • hadenoughnow
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21 May 12 #331908 by hadenoughnow
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SM usually ceases on remarriage. What did your financial order say about this?
child maintenance is worked out to a strict formula. How many children are you paying for? When was the financial order? If it was after 2003 you can go to the csa yourself.

Hadenoughnow

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21 May 12 #331913 by Fiona
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The liability to pay SM remains and arrears can be enforced until the order is varied or ends and SM can''t extend beyond remarriage. If your ex didn''t remarry was there any written agreement (deed) to decrease the amount paid?

Even if she didn''t remarry cohabiting is a change of circumstance that might justify a variatio, n although that won''t help clear any arrears.

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21 May 12 #331919 by Timtom68
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Thank you for your replies. The order was after 2003 but I can''t go to CSA as if CM goes down then SM is adjusted. She isn''t cohabiting either. There was no new deed drawn up. She has asked a few times for me to increase it and I told her to bugger off. I pay her over 2k a month. Since our divorce she is now working. How is this fair? Her argument is she has no pension and wantsvto secure her future.

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21 May 12 #332024 by Timtom68
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Can anyone else please advise?

  • dukey
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21 May 12 #332026 by dukey
Reply from dukey
There isn''t much to say as the ladies say the order must be payed until a trigger event is reached or a further order of court.

In short you must pay as ordered until the court say otherwise, the best you can hope is the arrears be canceled due to the agreement you made with the ex, unless of course your ex says its untrue.

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21 May 12 #332032 by Timtom68
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If I apply for a variation, what are my chances?
Ex now working and on around 30k. Plus the CM and SM I pay. My salary is 120k plus bonus (no guarantee of bonus). I just received a large redundancy from old job of 95k. I have pension and ex doesn''t. I am getting married this month and feel that ex now able to support herself. I pay school fees, she is in a large house (mesher till kids finish secondary) then I get my %.

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