Hi and thank you for your help yesterday. Can you make clear who is giving me the correct information here please? I ultimately want to conclude and sign my consent order for divorce but this change that my ex is now wanting has completely confused me on this Paragraph 5 issue.
Gareth my ex and he states his solicitor confirmed below is that on signing the consent order I am bound to the terms and payment therein and have no further financial claim on you, but you can make any claims you like to my capital (houses), pension, salary, in fact anything until all of the £28k is paid so potential 4 years so I get no benefit at all and no clean break. I don’t know if your solicitor has done this deliberately hidden in contractual terms or not but means I get absolutely no benefit in signing the order as current written as nothing is dismissed for me and is subject to change for potentially 4 years!!
Gareth also states 'if I am still bound by the consent order to pay the full amount with the revised wording then surly my financial obligations ARE implemented on signing and not at the end of the 4 years, so why can’t your solicitor, but more importantly you, accept the change as proposed to dismiss all claims on BOTH sides when signing the order?? Surly this is a fair balance and still gives full protection to both sides. I would like an answer as to why this is not the case?'
My solicitors review on it below explaining Gareth's/his solicitor write up on it and change to the 'aforsaid' quoted previously in discussion with you yesterday.
She states 'This reads that once Gareth has paid the lump sum to you provided for a paragraph 1 of the Order and upon implementation of the pension sharing order, your claims for financial provision, pension sharing and property adjustment orders do stand dismissed. It is important that your claim for financial provision and pension sharing in particular is not dismissed until the order has been implemented. If you amend the paragraph as Gareth is suggesting it reads that your claims for financial provision, pension sharing and property adjustment orders are immediately dismissed. Where the order provides for a lump sum payment and a further sum to be paid within a period of time and a pension sharing order, I am of the view that your claims should not be dismissed until these steps have been implemented.
Which bit of advice is best based on the fact that I am having a pension sharing order done, lump sum paid once sealed by the courts and a regular payment for 4 years being paid. Ontop of that I will have our own calculated CSA payments from my ex to cover my childrens expenses.
Thank you Marie