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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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Time limit for variation of maintenance

  • gwapenut
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29 Dec 20 - 03 Mar 21 #515171 by gwapenut
Topic started by gwapenut
My Consent Order says the spousal and child maintenance for my daughter is due to end in 2021 when she leaves seconday education.

I know maintenance for life is generally frowned on by the judiciary these days, but a paranoid part of myself worries that my ex-wife may try to extend the maintenance.

My understanding is that there needs to be a maintenance agreement in place for this to happen, which is why we sometimes see £1 pa nominal maintenance orders.

In general, extensions these days are frowned upon?
Last edit: 03 Mar 21 by gwapenut.

  • wikivorce team
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29 Dec 20 #515173 by wikivorce team
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Does your agreement have any mention of "Section 28 1a bar" ? This is a legal term used to indicate that the end date is not extendable.

If so - you are fine.

Even if not then - usually there would have to be a very good reason to extend a maintenance agreement beyond the current end date. It is far from easy for her to succeed in doing that.

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29 Dec 20 - 03 Mar 21 #515174 by gwapenut
Reply from gwapenut
Thanks for your response, there is no mention of a section 28 1a bar.
Last edit: 03 Mar 21 by gwapenut.

  • hadenoughnow
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02 Jan 21 #515189 by hadenoughnow
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If the Order combines child and spousal maintenance it may be possible for her to apply for an extension of the SM element. A lot depends on the precise wording of the order. If you can reproduce the relevant section precisely we will be able to advise more effectively.

Hadenoughnow

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02 Jan 21 #515191 by gwapenut
Reply from gwapenut
Thank you, the two elements are combined into a global sum. I'll dig it out, but in the meantime...

Is it true that, as a general matter of law, that if the time limit for CM expires, then it is too late to apply to extend SM? Or does that depend on the precise wording?

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02 Jan 21 - 03 Mar 21 #515192 by gwapenut
Reply from gwapenut
The wording is:

The payments shall continue until the end of secondary education.
Last edit: 03 Mar 21 by gwapenut.

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02 Jan 21 #515194 by hadenoughnow
Reply from hadenoughnow
If there is no bar then she could apply for an extension but the application would need to be before the end of the term. Nominal spousal maintenance, ie a reduction to say £1 a year, is a mechanism to keep the door open for a future claim if the conditions are right.

Hadenoughnow

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