Varying a Consent Order

Hello, having already been divorced for several years, my circumstances have changed significantly and I want to begin the process of applying to court for a verification of my Consent Order.

I have prepared my Form A with 2 copies + fee to send to the Family Court but wanted to understand if that is all I need to do at the moment? If the process is the same as with applying for an initial financial order, I believe the court will send me and my ex a Notice of a first appointment (Form C) and Form A. But perhaps the process is different for varying an existing order? My ex- has refused mediation but I now live abroad so am exempt anyway.

If anyone could please clarify this and provide any useful information about self-representation for this process, i would be very grateful.

Thank you very much.

What is it you are trying to vary?

Does your order allow for this?

Divorces have three components:

The divorce itself.
Finances.
Children (if there are any).

I am guessing you are talking about the financial component. If you have a consent order for that you need to read it.

If it is a Clean Break you are unable to vary this order. If you have an order that contains spousal maintenance you can apply to vary this.

Of course - it's possible to make an application for financial relief under the Children Act (it's called a Schedule 1 application) but you don't mention them either.

Yes it does allow for this. It is not a clean break. It's about the financial arrangements. There is already a fixed final date which includes a clause which prevents in from being amended (either a time extension or reduction). There are no issues with property or pensions. It relates purely to the division of my salary until the order is completed.

There are children who will both become 18 during the period of the consent order which finishes when the youngest turns 21 / finishes University. Since the order was signed, I have remarried and we have a young child.

Hi, I am just wondering if you've had any progress with this as I'm in the exact same situation.

My ex remarried late last year, but (I think because I represented myself) there is no trigger for this to terminate the global maintenance order. I'm essentially now paying maintenance to my remarried ex-wife, which would normally terminate automatically.

Her solicitor is asking that I submit to them a financial disclosure, however I see that as slightly irrelevant given the circumstances.

I have been assigned a date for the hearing, but am not sure what I am required to submit prior to the hearing.

Regards
Chris

Maintenance orders automatically terminate on remarriage of the recipient and can terminate on cohabitation depending on the order itself.

www.rainscourt.com/will-new-relationship...-divorce-settlement/

www.co-oplegalservices.co.uk/media-centr...wife-when-i-remarry/

Capital claims do not end on her remarriage which is maybe why you are being asked for financial disclosure. If it was me I'd wait to be asked by the judge at the hearing to make financial disclosure rather than by her solicitor.

It would likely be in your interest to confirm that you can just stop paying this global order now with a solicitor who can read the order and tell you for sure but everything I've read suggests you just stop paying when she remarries no need for a further order.

If you also make an application to the child maintenance Service yourself so as you can get in place an assessment from them to tell you how much child maintenance you need to be paying, ideally before the hearing this should cover you.

Child Maintenance Service assessment's take precedence over family court maintenance orders if they are already in place unless both parties consent to the court making an order relating to child maintenance, in most cases you are better off going with the Child Maintenance Service's assessment.

www.gov.uk/calculate-your-child-maintenance

Thanks for the advice!

I don't think a capital claim is possible, as the final order explicitly states that there is no entitlement to make future claims, including lump sum.

I think her solicitor is trying to play down the significance of her remarriage. In his email he said "on the basis that the maintenance issue is going to be almost solely in relation to your income and asset position". These are the same solicitors she used during the divorce, so I have learnt to pay very little attention to their claims.

I have no legal training, but I am basing my application on the fact that global orders must contain a "significant element of spousal maintenance" and that my spousal maintenance obligation should end on her remarriage. I think my current financial situation should have no relevance, although having remarried myself, and with a wife on maternity leave (with minimal income) and 2 young kids to support, I can also justify a struggle on that basis if required.

I have already put in my application with CMS so that it is completed before the hearing.

My only concern is what I read at:
www.justice.gov.uk/courts/procedure-rule...rts/part_09#IDABNNMC

This suggests a financial disclosure should be exchanged before the first hearing. I had to search this out though, so would be surprised if the court actually expects it.