Questions regarding Consent Order following divorce

ronny1976

Hi all. I've been a great fan of the MoneySavingExpert site for a long time and really loved the information available but this is the first time I've needed to post on the forums. I hope you can help.

My divorce has gone through the courts over a year ago. We had a child but it was all reasonably amicable and my ex-wife and I agreed how to split the finances (which is a relatively a very small amount and 100% certainly not worth having a legal battle over). However, upon completion of the divorce, my solicitors advised that it would be worth getting the finances agreed via a consent order so that ex-wife cannot have claims for future lottery winnings, inheritance or such like. We've agreed that I will be paying child maintenance at the statutory rate but I'm not paying any spousal maintenance nor has she requested this.

The consent order idea was initiated by me. I'm not trying to hide anything, I just don't want to have this possible opportunity hanging over my head where my ex-wife could one day wake up with a greedy eye and decide to take me to court over previous decisions we agreed on or to claim rights on good fortune that I may yet to have.

She was hesitant at first but eventually agreed. I chatted to her directly regarding the details I'll be sending to my solicitors. But upon her getting the forms from my solicitors she decided to get her own legal advise (which she is entitled to). However, her solicitors are advising that the process my solicitors are going through is not right. My solicitors say that the process is right and what her solicitors suggest is incorrect.

The main point of confusion from her solicitors is:
Because I am not paying for spousal maintenance, the courts will not approve the consent order. It only needs to be a nominal £1 a month or so for spousal maintenance but this is for the future safety of our child.

I am really confused over this. I am already paying the statutory amount of child maintenance. Why does paying a spousal maintenance provide future safety for our child and how is this possible for such a small month payment?

I do not understand this and my solicitors are now charging me by the hour for all efforts which includes phone calls and emails so I'm reluctant to request too much help for basic info. Without knowing full information, it feels like this small amount agreed now creates some loop whole in future where she can then demand an increased payment sometime in the future.

I am not sleeping well with this hanging over my head and all I want to do is to carry on with my life without fear of being surprised one day that my ex-wife is no longer happy with what we've agreed previously or if she suddenly decides she wants a larger piece of the pie because of some lucky windfall or good fortune in my career path.

I would be really really appreciative of anyone who can explain this in really simple layman terms.

Thank you so much in advance to anyone who provides help

RAS

JackRS has a massive thread on maintenance here. Check it out.

One thing that I am guessing is that your wife's solicitors want to establish her right to spousal maintenance so that they CAN come back and argue an increase in the future.

Whilst your solicitors are saying that you have both agreed previously that there will be no spousal maintenance. Bear in mind that spousal maintenance has to be declared for all benefit purposes and and will be deducted from any means tested benefits she gets whether you pay it or not.

ronny1976

RAS wrote: »

JackRS has a massive thread on maintenance here. Check it out.

One thing that I am guessing is that your wife's solicitors want to establish her right to spousal maintenance so that they CAN come back and argue an increase in the future.

Whilst your solicitors are saying that you have both agreed previously that there will be no spousal maintenance. Bear in mind that spousal maintenance has to be declared for all benefit purposes and and will be deducted from any means tested benefits she gets whether you pay it or not.

Thank you. I think you forgot to include the link to JackRS

anna_1977

Hi, my divorce went through 4 years ago (I'm an ex wife). I did a consent order to protect both of us in the future, like you say winnings from lottery, death and no will etc etc etc.....i am paid £1 a year nominal spousal maintenance, I am pretty sure it's not compulsory for a consent order....you do need to get the order sorted though as it may cause a number of problems in the future

mgdavid

Solicitors love the Spousal maintenance £1 a year clause as it gives them hope and scope for future work. However it is not essential, and goes completely against the concept of a Clean Break agreement which is what you seem to have both agreed to, and you should be seeking to make official. You need to be firm about this otherwise your solicitor's bills will escalate.
So will your ex's solicitor's bills - who is paying them?

peachyprice

ronny1976 wrote: »

The main point of confusion from her solicitors is:
Because I am not paying for spousal maintenance, the courts will not approve the consent order. It only needs to be a nominal £1 a month or so for spousal maintenance but this is for the future safety of our child.

Sounds like her solicitor wants to leave a door open for her to come back for more at a later date.

You don't need to agree to spousal maintenance, not even for £1, for a judge to agree to a consent order, it's very naughty of her solicitor to suggest you must.