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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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15 Jul 12 #343291 by spooky
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Hi there,

I have a joint lives SM order that is now ten years old.

My ex husband has written to me to say that he intends to reduce the SM from £800 a month to £1 and will apply to the Court if I don''t agree.

I am fully aware that either of us can apply to the Court for a variation but would the Court agree to such a drastic reduction all at one time.

I have 4 children, 2 at Uni and 2 at home.

I work full time but earn about one fifth of his salary.

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15 Jul 12 #343296 by Reddit
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What grounds has he given you for the variation? That needs be examined - does he have a strong case for variation vs your case that there should be no variation?

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15 Jul 12 #343298 by spooky
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He wants to reduce his hours by half and he has a big tax bill to pay.

I was prepared to have a reasonable discussion following financial disclosure but he does not want that.

I suggested that we could discuss a gradual reduction once the children had finished education in 6 years.

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15 Jul 12 #343305 by Reddit
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Why does he want to reduce his hours - are they currently excessive? Does he have health problems? Tax bill is of no consequence - you have to earn it to have to pay it.

Has your income improved?

The court could agree to this if there were grounds but I don''t see any on the basis of what you''ve said here.

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15 Jul 12 #343315 by spooky
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He says he is working 70hrs a week but he isn''t! He says that he is stressed, he is $7 so quite a way from retirement. His colleagues work in the region of 40 so I think he is exaggerating a little.

I am working full time but earn about a fifth of his salary and have brought the children up on my own.

SM was originally ordered with the view that I would work. There were few assets on divorce, enough for a deposit on a house so I had a sizable mortgage to house the children and there was no pension share.

I have not remarried and am not cohabiting and still have 2 kids at home

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16 Jul 12 #343379 by NoWhereToTurnl
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Hi spooky,

I know exactly what you are going through as my exh''s solicitor sent me a letter in March saying ex had no intention of paying my sm any more and if I didn''t sign a letter releasing him from his liabilities under the joint lives order, he would take me to court!

Well I didnt sign and we have had our first court hearing, what my exh did not realise is that we both had to give full financial disclosure, file form E again but its also a new, more detailed form. My exh is cohabiting with the OW & there are lots of questions about her financial status.

My form E was filed on time with full documentary attachments, I got his, unsigned, half filled in & no documentary evidence, the night before the hearing.

The owe-nest is on the payer to prove they are unable to pay, if he is using ill health then he will need medical reports to back it up. Variation is risky as it can go up as well as down, it also means that pension sharing can be re-visited.

www.thomasmore.co.uk/ImageLibrary/Capital%20City%20Notes.pdf

Have a read of the above, and if you want to ask anything at all either post or send me a PM.

Best wishes & stay strong,
NWTT.

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16 Jul 12 #343389 by dukey
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As NWTT said variation can be risky and costly if unsuccessful.

The long and the short is you cannot vary because you want too, there needs to be a good financial reason for making the application, it also must be based on facts as they stand, not what may happen in the future.

If he does reduce his hours and it is reasonable to do so then capitalisation becomes an issue, its not all about what he earns its more can he afford to pay as ordered, some chose to reduce income to vary thinking ill give it a year and go back to what i did earn, yawn, meaning you could apply to vary to reinstate the order in full.

If he wants to vary let him try, don`t agree anything with him unless you have talked it through with a solicitor, there are pitfalls so care must be taken.

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