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My partner and his ex wife have been separated for years and started legal wranglings/divorce over two and a half years ago.
In essence, they have agreed the bones of the financial consent order, he pays agreed maintenance, he has divided up assets to her and has obliged with the clauses of the draft consent order. She has been taking the agreed £££ sums as per the draft consent order.
HOWEVER, the order is still not agreed by her entirely as she keeps amending and adding clauses but my partner's position has always been the same, so he takes the clauses out. She's gotten a good deal out of the divorce. Over time, they have both run out of money to pay for legal fees so it gets put on hold. This has stopped and started too many times.
She now wants a clause (FPR 2010, rule 12.73(1)(b)) to enable the CMS (CSA) to be shown the financial remedy order (so that overtime she can produce the consent order to the CSA to show them what terms he has agreed). As we all know the consent order is only valid for a year. So what's the benefit of this clause to the child maintenance service? It's another change he doesn't want to agree to.
So now they are at stale mate. She wont' sign if he doesn't agree.
The nisi was produced about 9 months ago.
She still has to sign the consent order as well as sort the legal charge out for the mortgage/house issue before the absolute can be produced.
In her private life, she has had 4 relationships since they broke, she's gone on holidays, she has a new wardrobe most weeks - so I believe she is doing fine.
Is there any other way in making her agree the order so my partner can get this matter to rest for good?
Any advice would be helpful.
:dry:
My ex took over a year . My solicitor was spot on and said take it to court at least then you have a fixed date . With that you never know what you’re going to walk out with . I think you say you have until x date to agree or we take it to court and I’ll contest every penny you’re trying to take . Would have worked out cheaper than the solicitors bill for me that way .. since I was a paying for her solicitor I told them unless they hurried up they wouldn’t be getting paid by me
Also after a year you can go back to vary any court order ...
Csa has nothing to do with financial remedy orders . By definition the csa takes precedent over the consent order if the ex goes to csa ,but that only effect child support.
Even if it were a top up case. Etc She can open a case with the Csa after a year if she thinks she’s entitled to more due to change in his income . The same is true if his income declines by 25% over that year he can apply to have a new calculation .
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