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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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Consent Order - Easy to Make Changes?

  • Vigorate
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23 Dec 20 #515144 by Vigorate
Topic started by Vigorate
Hi Folks

I am on the road to agreeing a Consent Order, but still some way to go...

My question is how easy or difficult is it to change the amount agreed for spousal maintenance due to change in circumstances after the Consent Order has been approved by the court?

For example, in the case of reduced earnings or loss of my job?

Also, has anyone heard of agreeing a "changes clause" in the Consent Order so the spousal maintenance payments can be revised based on pre-defined criteria without having to go to court? For example, if salary reduces by 10% then spousal maintenance reduces by 10%?

Any comments would be greatly appreciated.

VIG

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27 Dec 20 #515156 by wikivorce team
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It is possible to have clauses in a Consent Order that adjust the Spousal Maintenance - but they are normally quite simple planned adjustments after a number of years.

Once the order is in place the simplest way to change the amount is by negotiating a change with the other party.

If not successful then you would apply to court for a variation in the Spousal Maintenance. This has a reasonable chance of success if your income has very substantially reduced through no fault of your own.

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27 Dec 20 #515157 by WYSPECIAL
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Vigorate wrote: Hi Folks



For example, in the case of reduced earnings or loss of my job?

Also, has anyone heard of agreeing a "changes clause" in the Consent Order so the spousal maintenance payments can be revised based on pre-defined criteria without having to go to court? For example, if salary reduces by 10% then spousal maintenance reduces by 10%?


Spousal maintenance is based upon need of recipient and ability to pay of the payer.

The salary of the payer dropping by 10% might have no affect upon their ability to pay, it might just mean they have less spare cash, or it could mean that they can no longer afford to pay anything as that 10% was all the spare cash after they had met their reasonable living costs.

Usually predetermined changes are based upon events that can be forecast such as recipient gaining a qualification, child reaching a certain age, rather than events which might happen.

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08 Jan 21 - 08 Jan 21 #515282 by Vigorate
Reply from Vigorate
Thank you for responding with advice, I appreciate it.

I would have already gone mad without the help of this website (unless I am already mad and do not realize it) :)
Last edit: 08 Jan 21 by Vigorate. Reason: adjustment

  • .Charles
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08 Jan 21 #515286 by .Charles
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You would also have to think from both parties' positions. If your salary went down by 10%, you would want a 10% reduction (notwithstanding what has been said above). However, if your salary went up by 10% would the maintenance also go up?

The Courts are not keen to make maintenance orders as they are seen as a last resort whereas a Clean Break is preferable.

There are also different types of maintenance order - joint lives - the worst one which only ends upon the death of one of the parties; an order with a time limit (which the recipient can apply to have extended); and an order with a Section 28 bar where there is a defined period of payment, e.g. 2 years, and which cannot be extended.

Charles

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08 Jan 21 - 08 Jan 21 #515287 by Vigorate
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Hi Charles, thanks for your comments.

It seems that because I am based overseas and earn more than 200K per year everything is against me.

Based on what the mediator is saying, because the ex doesn't work the proposal 2.8k spousal maintenance a month decreasing over 10 years to zero (kids will be 18 by then). I asked my solicitor for an opinion and they say this is reasonable.

On top of this 2.1k child maintenance, which is the max calculation on the government website.

They say if anything changes the Consent Order can be changed, hence my original question on how easy it is to change such matters.

They don't care that I might need my own place that is not provided by my company.

On top of this the mediator is saying pay 2.6k a month mortgage for 13 years to get 30% out of it after 13 years when the house is sold!!!


It just seems unfair I am under tremendous risk and pressure to make money.

I really don't know what to do with all this except agree or do something extreme which would throw everything up in the air and see where it lands.

:(

The thing is they are sure I wont create chaos, especially due to the kids so they have the upper hand are not conceding anything in negotiations.

Maybe threatening court is the best option to draw some concessions in a Consent Order.
Last edit: 08 Jan 21 by Vigorate. Reason: adjustment

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08 Jan 21 #515290 by .Charles
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Maintenance cases can be complex but in isolation it sounds very unfair.

Is your solicitor a specialist? If not perhaps you can seek an opinion elsewhere? You don't need a London lawyer, just someone who knows what they're doing and had experience of similar cases.

Charles

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