FINANCE CONSENT ORDER - Tips on what to include

[Nujra Rof]

Hi everyone,

Just can't stop this niggling thought that I hope I don't miss anything (kind of like when you go to the airport and check you have your passport and toothbrush a thousand times).

So looking to make an offer that will be converted to a consent order for finances - It will states the equity division once marital home is sold and other things I've included on my offer are:
- Child maintenance, if any, to be decided by CMS
- Child benefit to be shared equally
- Clean break sought in life and death (I believe that means clean break order - I don't think I need to do anything else for this right?)


Anything I have missed or you would advise I include?

Thank you in advance.

 

[capa]

Hi @Nujra Rof , 2 things

1. When do you expect to pay CMS?
2. IF it's when the FMH is sold, I would state, "once contracts have been exchanged and monies paid out to each party" the reasoning...the stbx could interpret 'sold' when it SSTC and use that as the launchpad for CMS, yet it will be weeks sometimes months before contracts are exchanged, therefore state what I quoted above, I did and the ex agreed.

 

[Nujra Rof]

Hi @Nujra Rof , 2 things

1. When do you expect to pay CMS?
2. IF it's when the FMH is sold, I would state, "once contracts have been exchanged and monies paid out to each party" the reasoning...the stbx could interpret 'sold' when it SSTC and use that as the launchpad for CMS, yet it will be weeks sometimes months before contracts are exchanged, therefore state what I quoted above, I did and the ex agreed.

Ok well we are going for 50/50 shared care so I am hopeful cms do not determine there’s any cms to pay before the house is completely sold and we have separate spaces at least

 

[capa]

Nonetheless, it's worth having that statement for the order IF it doesn't go your way % wise, I sincerely hope it does, yet be prepared

 

[Ash]

Is this financial consent order on the basis that a 50/50 child arrangements order has also been agreed? Would it not be better to say in this financial consent order that there will be no CMS to pay because 50/50 childcare has been agreed? At least if that's in the financial order, it would make it harder for her to back down from 50/50 as there would be evidence she had agreed to it.

 

[Nujra Rof]

Can you say that in a consent order? I had no idea as I thought she could go to cms at any point. But yes if I can say no child maintenance as 50-50 care agreed that would be perfect…

 

[Ash]

I'm pretty sure you can put any such agreement in a financial consent order. Others may know better.

Eg The parties agree that there will be no child maintenance and they have agreed that the childcare will be shared equally on a 50/50 basis.

Someone else had an agreement that child arrangements would progress to 50/50 in a divorce order, and was able to use it as evidence in a Child Arrangements application.