Applying for consent order change??

Discussion in 'Men's divorce Issues' started by smokey, Jan 24, 2011.

  1. smokey

    smokey New Member

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    Hi. Yes, the consent order can be challenged. You can put in a clean break clause (as of the end of hte 4 years maintnenance) which would remove her ability to challenge the money for her.

    Without a clean break, if your salary significantly increased, she could take you to court to vary the order. With a four year term - the amount your salary could increase would be questionable (i.e. it would have to be significant to change her figure).

    Alternatively, as the four year term ends, she could apply for more maintenance on the basis she can't find work, etc. That is probably far more likely as your youngest will only just be going back to school then.

    She could also apply to vary if she could improve a significant increase in her costs and a reason that you should pay for longer.

    In terms of child support - obviously that should reflect changing circumstances and could increase over time if salary increases or to cover cost of living.
     
  2. smokey

    smokey New Member

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    Sorry I think I misunderstood your original posting. If the wording is a clean break (after x years) then she cannot in theory apply to change it and has no future claims on your monies.
     
  3. thunder

    thunder New Member

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    Hi, I have just received my letter allowing me to apply for absolute. (Did the paperwork myself using the court documents (really helpful) and saved over £400-£500.

    Anyway in terms of the consent order I have agreed to give my wife all the equity in the family home
    + £420 csa equivalent payment for the 2 kids and a further £230 on top for 4 years for her.

    This order has been agreed between my wife and myself and at no point has a solicitor been involved outside of drawing up the order….

    However my solicitor informs me that the amount payable for her can be challenged even IF the consent order is signed and made into an order.

    Could someone explain the rules on this… i.e does she have to prove a significant difference in earnings on my part. Or can she do this as soon as she get the money for the house.

    If this is the case why can I not re-apply to get her to give me some money back from the equity…
    This seems very one sided.

    (Married 4 yrs, 2 kids 3 & 1)
     
  4. thunder

    thunder New Member

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    Thanks for the reply however...

    What is the point therefore in a clean break order if it can be challenged even after the clean break period has ended???

    ANyone can put on the water works and say they cant leave their children to find work .
     
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