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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.


consent order change

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02 Jul 12 #340565 by devizes
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Hi, I am divorced and my ex pays £300 PM to me as my 2 children are from a previous marriage. I am trying to move away, cant sell the MH as negative equity, will rent it out. I hope to get some small help with renting when i move but need a letter from ex stating that the £300 PM is for the children not me. the Consent Order says he pays it to me (not for me) and it stops if it re marry, or when the youngest child reaches 18 or stops full time secondary education. he says his sol wont do a letter confirming it is for kids, he said he would, do i just type one and he signs it would this be enough for the benefits agency or do i have to cancel the consent order and have a new one drawn up?? sorry its long winded. i hope to move in the next month.

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02 Jul 12 #340578 by maisymoos
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What is the exact wording in relation to this payment in the Consent Order?

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02 Jul 12 #340621 by devizes
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The Respondent shall pay periodical payments to the Petitioner. Payments shall be at the rate of £300 per month payable in advance. Payments shall commence on the first of the month after the date of this Order.
They will end on the first to occur:-

Petitioner''s remarriage or

youngest child reaching 18 or finishing full time secondary education whichever is the latter. or

further order terminating payments

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02 Jul 12 #340626 by maisymoos
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I am not sure that it is clear that they are for the benefit of the children? My Consent Order actually states that they payments are for the benefit of Respondant and children.

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02 Jul 12 #340628 by devizes
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exactly what I thought - it isnt clear. so maybe the benefits agency will accept it as payment for the children - given that it ends when my youngest is 18 rather than me having to have the whole thing written again and go to court and pay for the change in wording - any advice would be gratefully received if anyone has had dealing with the housing benefits agency.

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02 Jul 12 #340680 by maisymoos
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Are you sure the payment is for the benefit of the children? Did the judge state this? There is a slip rule that allows corrections to be made to the Consent Order. I have just used this procedure to correct mine.

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02 Jul 12 #340684 by devizes
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hi, maybe i havent phrased it well, the money is meant for me as they are not his children. however, i feel it is vague and could be read as the money is for the children. however, i need a letter from him stating the money is for the children so it is not classed as income when i am applying for housing help - i am a low earner and this makes the difference between getting a house to rent and not.

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