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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.

 

Post Divorce Renegotiation?

  • Mumto3plus2
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09 Oct 24 #524328 by Mumto3plus2
Topic started by Mumto3plus2
My partner married and divorced outside of the UK. My partner is British, has two children (minors) and they live with us 50% of the time. The ex lives in the UK too.

A Clean Break settlement was done several years ago (my partner paid a cash settlement). However there are a number of new issues:-
1) My partner has lost all income and capital and is in financial hardship.
2) My partners ex now has significant income and capital, plus they did not disclose their income at the time of the settlement.
3) Their contract of settlement was drawn up outside the UK.

Can my partner renegotiate the original settlement so the ex can contribute to the children's needs when they reside with us (50% of the time)? And if so what would be the best route? CMS? Solicitor? Mediator? It is an accrimonuous relationship and an initial approach to contribute has been ignored.

  • WYSPECIAL
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09 Oct 24 #524329 by WYSPECIAL
Reply from WYSPECIAL
A clean break ends all future claims. That’s the idea of it. What information was withheld at the time? Was it likely to make a difference at the time.

As far as child maintenance is concerned you could apply to CMS but you’ve mentioned that it is 50/50 shared care. Who claims child benefit?

  • Mumto3plus2
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10 Oct 24 #524334 by Mumto3plus2
Reply from Mumto3plus2
Thank you - the clean break was completed overseas as an agreement rather than court ordered.
Nobody claims child benefit as far as I am aware

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