A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

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.


Variation of court order

  • Meeks
  • Meeks's Avatar Posted by
  • Elite Member
  • Elite Member
More
23 Apr 21 #516535 by Meeks
Topic started by Meeks
Good afternoon,

My partner was ordered by court a couple years ago to pay his ex £400 per month as maintenance until she dies or remarries when the ex retires next year at 66. He found out that she had inherited £300k earlier this year. He is applying for the variation of the court order as she is now financially better off than him. He says it will cost him 20k and he already has the first hearing date. Is it worth ? What is likely to happen as the outcome ? They were married only for 9 years later in their life and no children was involved. She claimed she was too depressed to work at the time of their divorce.

Any advice will be appreciated.

Thank you.

  • notgettinganywherefast
  • notgettinganywherefast's Avatar
  • Senior Member
  • Senior Member
More
23 Apr 21 #516536 by notgettinganywherefast
Reply from notgettinganywherefast
I would think the most obvious answer is that if £400 multiplied by the number of months your partner has to pay until retirement equals less than the expected legal costs, it wouldn't be worth fighting it. Ie if he only has to pay for another 10 months, it will cost him £4000 in payments.

  • Meeks
  • Meeks's Avatar Posted by
  • Elite Member
  • Elite Member
More
23 Apr 21 #516537 by Meeks
Reply from Meeks
Thank you for your prompt reply.

He is supposed to start paying her £400 per month when she reaches at 66 next year .. until she dies ( or remarries ). So, it could be another 30 years.

My question was - it it likely the court accept his request ?

Thank you again.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
23 Apr 21 #516542 by hadenoughnow
Reply from hadenoughnow
I think it would help to know the precise terms of the order.

If these are payments that start on his retirement it may be some sort of pension sharing arrangement. This is different from spousal maintenance which is based on a:need and b: ability to pay.

If it is SM and circumstances have changed so a variation is appropriate then an application is worth considering. I would strongly suggest you take legal advice before embarking on this route.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11