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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33305
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 am the petitioner in the divorce and have filed a

Customer Question

Hi,
I am the petitioner in the divorce and have filed a financial order. Form E's have been exchanged. Directional hearing postponed to August. My husband and I have reached a financial agreement. Do we go ahead with the financial order or what do we do? Can I also still apply for a variance in maintenance order? Are we able to put financial agreements for private school fees in the financial agreement?
Thanks
Renee
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have either of you had any legal advice?

What Maintenance order is currently in place?

Customer: replied 4 months ago.
The divorce has been completely solicitor managed until now but I have run out of funds. Both of us have had solicitors. No maintenance order in place as he hasn't not paid me maintenance to date yet but it has been a struggle.
Expert:  Clare replied 4 months ago.

Sorry - what do you mean by "vary the maintenance order"?

Customer: replied 4 months ago.
When u apply to the court for maintenance to be varied if there is an increase in his income. His behaviour is very predictable at the moment as he had a very successful business but since we separated he has basically stopped working. We are suspicious that this is a strategy to avoid a fair maintenance payment - child and spousal.
Expert:  Clare replied 4 months ago.

What income do you each currently have?

What agreement has been reached?

Customer: replied 4 months ago.
Hi there, I just want to know how to go about setting up the financial agreement as stated in my original question plse. Do we carry on with the financial order or not? How to apply for the variance and can we put school fees into the agreement?
Expert:  Clare replied 4 months ago.

If you have reached an Agreement then you need to have it turned into a court order - which can include the issue of School fees - and sealed by the court.

The hearing in August would not then need to go ahead.

If at some time in the future there is a change in his income then you can apply to change any order for Spouse maintenance - but with regard to Child Maintenance if he has agreed to pay more than the CMS (CSA) rate then you need to be aware that after 12 months he can apply for a CMS assessment (as can you) in any event

I hope that this is of assistance - please ask if you need further details

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