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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Below is an extract from my consent order Before district

Customer Question

Below is an extract from my consent order

Before district judge McHale at Northampton County Court 29th Sept 2012

Upon hearing from petitioner and respondent in person

And upon the petitioner and respondent agreeing that the terms of this order are accepted in full and final satisfaction of all capital claims and pension sharing/attachment orders which the petitioner may be entitled to bring against the respondent and all claims for income, capital and pension sharing/attachment orders whatsoever which the respondent may be entitled to bring against the petitioner however so arising in relation to their marriage.

The order has been signed and sealed.
My former husband remarried in June 2013.
I wish to marry in the very near future.
My husband is threatening to reduce my maintenance payments should this happen.

Would he be able to do so?

Christine Lambton
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- can you confirm you were the petitioner?
- thank you for the extract you have reproduced, but there is another part that will be much more relevant: please can you type out the paragraph that relates to you periodical payments? (IT probably starts "The Respondent do pay to the Petitioner..." or something like that.)

Customer: replied 4 years ago.
Yes, I am the petitioner
The respondent do pay or cause to be pay eyed periodical payments to the petitioner in the sum of £1700 per calendar month payable in advance until the respondents 65th birthday, namely 19th February 2017, or further capital order whereupon the petitioner will not be entitled to make any further applications for financial provision pursuant to section 281a. Of the MCA 1973

Customer: replied 4 years ago.
Relist: Other.
No sign of any answer coming after 17 minutes of waiting
Expert:  familylawexpert replied 4 years ago.
Sorry about that, for some reason my email has only just shown that you've replied.

The wording that you have set out is as I would have expected except that it would normally include 'until remarriage', which is definitely good for you. Can you remember any discussion as to why that was not included?