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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.


Attachment to earnings

  • jayzon
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16 May 21 #516727 by jayzon
Topic started by jayzon
I will try to keep this as brief as possible, but I really need some guidance and help if at all possible.In a court FDR hearing in January 2020 at Chelmsford family court my wife was awarded £2122 per month in global maintenance payments. And £16k worth of court costs. This is despite me proving that my business was failing and I had no money she was still awarded this.. I did have a successful business that started failing from late 2017. Despite not telling her this I always thought I could rescue it. That wasn’t the case and despite showing the courts 3 years accounts and bank statements this was still the outcome. I ended up having to represent myself. My wife had a very good legal team behind her and they completely ripped me apart in court. My wife knew I had no income or job and yet still pursued down this avenue. She was given the marital home. Which to date at current market values would be worth around £550k. Giving her around £300k worth of equity. I was allowed to keep my property that I purchased before I met her but since the court hearing more costs have been added totalling £42000 which is now down as a charge on my property wiping out the small amount of equity i have in my propertySo I had no job and no income so for 4 months in 2020 I was on Job seekers allowance. Then I got a job in the civil service. I earn around £30000 per annum. However my ex wife has now put an attachments to earnings order on my salary. meaning around 40% of my salary goes to her straight away.This has now led me to not being able to even afford to have my children to stay over. I had them at least twice a week. This will also lead me to ultimately lose my property, unless I can rent it out. And even if I rent my property out I won’t be able to afford to stay anywhere else so rendering me homeless. My home, my mental health and my relationship with my children are all at risk because of my ex partners insistence of getting more and more money out of me. She now has a new partner that according to my children stays there pretty much 7 days a week. I don’t know where to turn anymore. I never received notification on this new attachments to earnings order.Ultimately if I had the funds I am sure it would never have gone this far. I didn’t even have money to appeal. The fact is still don’t have the money but surely this is immoral what the courts are doing. I aim to lose everything if I can’t at least put a hold on this order. I put a variation order in back in April last year but it was apparently never received I just don't know what to do anymore

  • hadenoughnow
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16 May 21 #516731 by hadenoughnow
Reply from hadenoughnow
If it was an FDR an order can only have been made by consent.

If it was Final Hearing an order could have been imposed. If things have changed, you should apply for a variation. If she agrees it can be by consent but if she does not, it will need to be contested.

Spousal maintenance is based on need and ability to pay. If you genuinely do not have the means because circumstances have changed, I would hope an application would succeed but really you need some sound legal advice before proceeding. You could see if our fixed price consultation would be useful.

Hadenoughnow

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