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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Consent order query

  • Chr1sgsi
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11 May 20 #512385 by Chr1sgsi
Topic started by Chr1sgsi
Good afternoon.

As part of my divorce back in August 2006 there was a Consent Order drawn up to protect the financial side. As part if this consent order support for child maintenance was also included. My child has just turned 18 and is awaiting his final results for A levels in August of this year. The consent order states the following clause

"The respondent shall pay periodical payments to the petitioner for the benefit of (Childs name) at the rate of £xxx per month. Payments shall be made monthly in advance on the first of each month. They shall end on the child 1) reaching the age of 18; or 2) ceasing tertiary education to the end of first degree course payments to continue during any period of upto 16 months from the date on which secondary education is concluded and for so long as the child shall intend to commence tertiary education at the end of that period unless the court makes an order for the payments to continue to a later date"

My question is if my son starts university in September 2020 do I still need to pay maintenance to my ex wife. If so how can I challenge the amount of maintenance as I no longer earn anywhere near the amount I previously did.

Many thanks for any forthcoming advice or support.

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11 May 20 #512387 by WYSPECIAL
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Yes it looks like you will pay while he is at uni. And if he decides to take a gap year and go in 2021 you still keep paying.

You could go back to court to get the amounts reviewed or apply to CMS while he still falls within their remit but you will have to be quick to do that.

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11 May 20 #512388 by Chr1sgsi
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I assume that CMS is child maintenance Services but the initial court order wasn't involved with CMS. Does this mean I need to go to court to change the current court order based on my income level now.

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11 May 20 #512391 by WYSPECIAL
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You could apply to court to see if you can get it changed.

If you apply to child maintenance Service (CMS) their assessment ends the court order.

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12 May 20 #512395 by Chr1sgsi
Reply from Chr1sgsi
Thanks for your advice

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