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clean break after Consent order

  • dartmum
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1 year 3 months ago #506870 by dartmum
clean break after Consent order was created by dartmum
Can anyone help me with a problem I face? 8 years after my divorce (Consent Order spousal support for me and maintenance for our child), my ex wants to cease spousal support with 6 weeks notice. I did not agree as it would cause severe financial hardship for our child (now 10) and me, I would have to sell the house I bought after our divorce and where I have made a business which I would lose if I had to sell. My ex is retiring and says I am financially independent of him, I am not and that my recent partner - who moved in with me about four months ago - and I have a business together - we do not. My partner pays me a share of the household utilities and food and nothing else. As I didn't agree to stopping the spousal support he is taking me to court using the fast track. I have asked to have the case heard in the standard procedure and the Court has agreed. I am now concerned that my ex will get cold feet, in the past he has always managed to get what he wants and he did not expect me to stand up for myself. I am worried that he will pull out of the proceedings and I will be left, worrying all the time, when he will come back and do this again. Can I ask the Court for a clean break? My ex is now in a much better financial position having sold his company for an enormous amount of money (which he claimed was worth nothing in the divorce) so retirement is not going to affect his finances. I don't want more than I originally got, I just want to ensure that the position I have built up since the divorce is not taken away from me. I would appreciate some advice please.

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  • hadenoughnow
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1 year 3 months ago #506873 by hadenoughnow
Replied by hadenoughnow on topic Re:clean break after Consent order
Welcome to wikivorce.

If your ex has significant capital, you may be able to ask for Spousal maintenance to be capitalised.

This would mean you get a lump sum instead of monthly payments. If that means you could secure the property would that work for you?

Hadenoughnow

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1 year 3 months ago #506876 by dartmum
Replied by dartmum on topic Re:clean break after Consent order
Thank you Hadenoughnow for your reply.

Yes it would. Can I ask the Courts to do that even though my ex may have withdrawn from taking the action against me?

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1 year 3 months ago #506885 by hadenoughnow
Replied by hadenoughnow on topic Re:clean break after Consent order
It is open to you to make an application even if he does not.

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