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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 adjustment

  • suzyc
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23 Jun 21 #517078 by suzyc
Topic started by suzyc
After 4 stressful months I have agreed to a reduction in global maintenance covered in a Consent Order. My former husband originally wanted to reduce the maintenance by 50% ... having finally received some legal advice he now realises that that level of reduction is not feasible and we have settled on around an 18% reduction.

I applied for enforcement (with 3 separate warnings) after the Consent Order was breached. I now need to cease that as part of our new agreement. One of my conditions is that the original order must be adjusted and the new agreement will run to the end of there term ... no more challenges.

He does not want to spend the money on a new order ... his solicitor has told him that I can simply write to court informing them that the matter has been settled and I will be protected under the original order. My solicitor (as am I) is suspicious as to why he doesn't want a new Consent Order (especially given that the reduction is in his favour). She suggests that I do not cease the enforcement until he has signed the new consent order.

My question is should I push for the amended Consent Order? Will it make a difference if he decides to stop paying in 6 or 12 months time? (there are 25 month left to run on the order). I should add that I have agreed to pay half the cost of this.

Thank you.

  • hadenoughnow
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24 Jun 21 #517084 by hadenoughnow
Reply from hadenoughnow
If you have an order that says he has to pay you more, then that is enforceable. If you enforce, he would point to the agreement you have in respect of a reduction.

In your shoes I think I would be happier with a variation by consent and an order to back it up. I cannot see why that should be unduly costly.

If you have agreement you can vacate any imminent hearing or maybe vacate and ask for a mention to be listed. This gives you the opportunity to go back if the Consent Order is not progressed.

Hadenoughnow

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24 Jun 21 #517088 by suzyc
Reply from suzyc
Thank you Hadenoughnow that's very helpful.

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