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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.

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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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Can Periodical Payments be increased by my ex-wife

  • GLMT
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13 Aug 12 #349255 by GLMT
Topic started by GLMT
Hi

I got divorced in 2004 and there was a periodical maintenance order put in place for me to pay her "5p per annum during our joint lives or until further order".

We have 2 children who I also pay maintenance for through a child maintenance order. I have always paid extra to what was required.

My oldest child (aged 16) is coming to live with me as she is attending college full time for the next 2 years (this is 280 miles away from her mother).

The mother expects me to continue paying her the same amount I do now for child maintenance when my daughter comes to live with me. She has said that she will invoke the periodical maintenance order and ask for it to be increased by the courts if I don''t. Can she do this?

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13 Aug 12 #349261 by LittleMrMike
Reply from LittleMrMike
She can ask, of course. However she would have to justify raising the maintenance to more than a nominal 5p per annum.

I think it''s fair to say that successful applications to increase a nominal order are only rarely made and in 5 years of advising I haven''t come across any case where such an application succeeded.

LMM

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13 Aug 12 #349271 by GLMT
Reply from GLMT
Thank you for the reply LMM...

She says her financial situation will be detrimental because she will no longer be getting child maintenance, or the child benefit for my daughter. I''m also guessing she claims child tax credits, which will also be decreased as there won''t be 2 children in the house.

I was under the assumption that these payments were for the child not for her, so my daughter not living there means her out goings are less. Or am I wrong in thinking this?

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13 Aug 12 #349278 by LittleMrMike
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Well, she has one less mouth to feed but on the other hand if she has had to acquire or rent a house of a certain size to provide a home for the children, she still has the expenses even after the kids have flown the nest.

LMM

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13 Aug 12 #349282 by GLMT
Reply from GLMT
Thank you LMM

Does it make any difference that I have had to rent a larger house to accomodate my daughter?

As she no longer has the need for a 3 bedroom house, could she also not down size?

She is in housing trust housing renting. I have a partner with 2 boys, (one of which is in full time education)and we have had to upsize for my daughter.

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13 Aug 12 #349293 by LittleMrMike
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A Court should take into account all relevant considerations, including your housing needs.

I suspect that she may be advised that the likely cost of an application will not be worth any benefit she might derive from it, but we shall see.

LMM

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13 Aug 12 #349306 by GLMT
Reply from GLMT
Thank you LMM
I really appreciate the advice/feedback

She does intend to take this back to court, but could I do this first? To get the periodical maintenance order changed? And make arrangements for maintenance for my son?

Can I take her to court for maintenance of my daughter? Our salaries are almost the same.

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