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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.


maintenance payments under separation agreement

  • Mark111
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01 Jul 12 #340399 by Mark111
Topic started by Mark111
Hi,
A Separation Agreement was signed in September 2002 and we''re now divorced. Ive been paying child maintenance in excess of the amount stated in the agreement until last month when I lost my job. How can I change the terms of the agreement on maintenance to reflect my change in income?

Thanks

  • Fiona
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01 Jul 12 #340402 by Fiona
Reply from Fiona
You can either negotiate an agreement with your ex to reduce payments and have it minuted by a solicitor or apply to court to vary the agreement.

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01 Jul 12 #340408 by Mark111
Reply from Mark111
Thank you for your reply.

Can I apply directly to the court, how can i do this? or can it only be done through a solicitor?

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03 Jul 12 #340968 by Fiona
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Now you''re asking! It used to be that you could apply for a variation by minute using the procedure in the Ordinary Cause Rule 129 in most circumstances. The rules have recently changed but officials at the court can give you a steer towards forms and procedure. Having said that court rules and procedures are still quite complicated and if you aren''t sure you may be better off using a solicitor.

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