Problems during the divorce

Hi all

Currently still living together in FMH and am waiting to receive my nissi from my beloved wife. Current financial situation was agreed verbally and already this has not been met from her end. Bills are split against our current earnings percentages. I earn 70% income she 30%. We have a £250 per month car loan for her car which was agreed would be split 50/50. She has now refused to pay towards car and has also taken over all monthly payments received from child benefits (around £210 per month)From our current agreement I am now left around £300 per month out of pocket. Can anythimg be done, obviously that is cost effective ? ? ?

The dont explicitly mention that you are currently going through ancillary relief proceedings.

My first point is to say that for your sake you must reach a formal agreement of finances and get it ratified by the court (even if you manage to agree it without the courts input). So you need to obtain a Consent Order.

Otherwise you risk having further claims made against your capital and income in the future.


Regarding the finances in the interim - you have two broad options..

1) Negotiate with her, agree another deal. Cheapest option but no way to enforce it. She could (as she has done) just change her mind at any time.

2) An application can be made to the court to get the to set an amount for interim maintenance (until the consent order is finalised). Now normally this is the option pursued by the lower earning financial party when they are not receiving adequate maintenance from the higher earner. You have not given much financial details and so I could not say, but suspect, that this option might actually end up with you being ordered to pay more than you pay now.