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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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Spousal maintenance

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13 Jul 12 #342910 by ruby3
Topic started by ruby3
I already have a court order from March 2011 which specifies that my ex husband must pay lifetime spousal maintenance to me once the marital home is sold. The house has now sold and I am unsure how to instigate the spousal maintenance.
I am not confident that my ex husband will start or keep up payments. I am not happy to rely on an informal arrangement where it is paid by direct debit. Should I arrange for the court order to be set up through the Magistrates Court? If so, how do I do this and can I do it without the need to involve a solicitor?

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13 Jul 12 #342911 by maisymoos
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Does your court order state the amount and date each month it is payable and how SM is to be paid? e.g by standing order ?

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13 Jul 12 #343010 by ruby3
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The court order states,
" With effect from the date of completion of sale of the fomer matrimonial home, the respondent do pay or cause to be paid to the applicant periodical payments at the rate of £500 per calender month payable monthly in advance during their joint lives or until the applicant shall remarry or until further order".

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13 Jul 12 #343017 by maisymoos
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I read that to mean that the first payment should be on 1st of the month following the house sale.

You really need to see what happens, perhaps also send a reminder email.

If he defaults on payments it would then be necessary for you to apply back to court for enforcement. I don''t think you should do anything before as he needs to be given a chance to pay first.

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