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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have signed a consent order to pay my soon to be ex wife

Customer Question

I have signed a consent order to pay my soon to be ex wife without any legal representation and the order will now be reviewed by the family court, This amount was dictated to me by her days after the separation and is 45% of my wages. Now that I have had to find somewhere to live and now realistically what that costs I simply cannot afford it. At the hearing of the order can I say this and agree a more suitable amount?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thanks for your question. Please confirm if you are in England or Wales?
Customer: replied 9 months ago.
England
Expert:  Harris replied 9 months ago.
Thanks. As you have already agreed a settlement, the court has to consider this and ensure that it is fair for you, your ex-spouse and any children. Given that your circumstances have now changed, you should inform your ex-spouse and provide any relevant disclosure to support this. You should also inform the court that your circumstances have changed since the signing of the consent order and apply for a variation of the spousal maintenance you have previously agreed to.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is ***** ***** I have been a family lawyer for more than 30 yearsIn order to decide the best way forward for you we do need some further information.How much is the capital and how is it divided between you?How much income do each have and how old are your childrenWhat have you actually agreed to and was your ex legally represented
Customer: replied 9 months ago.
There is approximately £40K capital in the property however my ex will remain in the house with the children so the capital will not be released. She has had some advice. My take home pay is £1850 her income is £1900 per month. The children are 11 and 15. She has asked for £800 per month
Expert:  Clare replied 9 months ago.
What i syour gross income and what is her earned income?

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