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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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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 Re-evaluation?

  • Wiser
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15 Aug 12 #349687 by Wiser
Topic started by Wiser
Is is possible for spousal maintenance to be re-evaluated one year after a judges enforced order where NO spousal maintenance was recorded?

The changes in circumstances are;

- XH has remarried
- XH owns 2 properties (one rental, no mortgages)
- XH now draws private pension
- XH new wife owns property (no mortgage) and has income.

- XW still no job or income, assets or property
- XW only receives money from marriage on sale of marital home (no interest)
- XW has NO pension.
- XW does cohabit
- XW cannot afford the bills on the marital home.

Children are jointly funded with a nominal £1 to XW - can this be reviewed, and which form is to be used?

Can anyone help? I have read the notes from DL 3 years ago.

  • maisymoos
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15 Aug 12 #349690 by maisymoos
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If there was no order for Spousal Maintenance in Court Order you will not be able to seek a variation to something that doesn''t exist

You say there is a nominal order for child maintenance? so this in theory could be varied.

What do you mean by the children are jointly funded? Who do they live with? Are you being paid any child maintenance at all?

Is the market price of the MH too high? Was a price specified for this in the Court Order?

  • WhiteRose
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15 Aug 12 #349696 by WhiteRose
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I thought Court orders/Consent Orders can not be re-visted (bar the varying an existing SM order)

Was ExH intent to marry/co-habit declared in the form E?

When did he purchase the 2 properties? Just wondering whether these also appeared on his form E?

Maybe you can go back to Court if you can prove he did not declare things he ought to have done which then subsequently affected the division.

Would be interested to hear what the wise wikis suggest.

WR

  • LittleMrMike
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15 Aug 12 #349702 by LittleMrMike
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I don''t know if a qualify as a wiser wiki but the short answer is that one would need ton see the order.

It would be common that the order would dismiss all claims by either spouse against the other except to the extent provided in the order.

If this is the case - as I suspect it probably is - then your freedom of manoeuvre is very limited. You see, the whole object of the exercise is to settle, once and for all, claims by both spouses against the other, so that both parties can get on with their lives in the knowledge that no further claims are possible.

In that case the only remedy would be if you could show that your ex had failed to disclose his assets or had made untrue statements ; and secondly that the order would have been substantially different if the true facts had been known. Another possible avenue is the so called Barder event, which in plain English means an unexpected event which alters the whole basis of the settlement. But such events occur only rarely.

As maisymoos has told you, if there is an order for SM, however nominal, it can, at least in theory, be altered but there has to be a clearly defined change in circumstances.

Another question would be if it is open to you to apply to the CSA for a variation in maintenance for the children.

If you can get an exact copy of the order ( I don''t need the names ) I can probably tell you whether you any chance at all. You can send me a PM if you wish and I will at least have a look at it for you. But it must be an exact copy, a precis is not enough.

LMM

  • Fiona
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15 Aug 12 #349763 by Fiona
Reply from Fiona
With regard to CM if the order predates March 2003 the courts rather than the CSA have the powers to vary the order.

Either party can normally apply to the CSA 12 months after the date of an order made after 3rd March 2003. The order in relation to CM would then cease to have any effect. The exceptions to this is when there are step-children, one parent lives abroad or there are over 18s in education or training.

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