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FINANCE CONSENT ORDER - Tips on what to include

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Nujra Rof

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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.
 
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.
 
capa said:
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.
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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
 
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.
 
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…
 
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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.
 
OK, so I had a Consent Order which included Spousal and Child Maintenance, the equity split on the sale of the former family home, split on joint savings and in my case the signing over of one of my Pensions. It was a clean break order with caveats over the ceasing of spousal maintenance (to stop when youngest daughter hit 18) or my ex cohabits with a new Partner for a minimum duration of 6 months. We also had a couple of loans and the paying back of those was also included.

I would encourage you to include Child Maintenance if possible - the CMS are notoriously awkward and biased in favour of the "parent with care". They can and do make some massive mistakes and frequently fail to rectify them, some paying parents have been imprisoned and others have committed suicide. If included in the CO, either parent can opt out after 1 year if they want to and hand jurisdiction to the CMS at that point.
 
JonR said:
OK, so I had a Consent Order which included Spousal and Child Maintenance, the equity split on the sale of the former family home, split on joint savings and in my case the signing over of one of my Pensions. It was a clean break order with caveats over the ceasing of spousal maintenance (to stop when youngest daughter hit 18) or my ex cohabits with a new Partner for a minimum duration of 6 months. We also had a couple of loans and the paying back of those was also included.

I would encourage you to include Child Maintenance if possible - the CMS are notoriously awkward and biased in favour of the "parent with care". They can and do make some massive mistakes and frequently fail to rectify them, some paying parents have been imprisoned and others have committed suicide. If included in the CO, either parent can opt out after 1 year if they want to and hand jurisdiction to the CMS at that point.
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Can I ask a technical point - In the consent order if it states 'clean break in life and death sought' - is that a clean break order or is this a totally separate document?

Thanks
 
Nujra Rof said:
Can I ask a technical point - In the consent order if it states 'clean break in life and death sought' - is that a clean break order or is this a totally separate document?

Thanks
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It's different. The clean break clause my Solicitor had included meant that after all the assets were split and when spousal/child maintenance ended, there could be no comebacks on either side. My Consent Order also included null and voiding it in the event of either parent's death.
 
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