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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Ex-wife is planning to move/return to the UK after

Customer Question

Hi
My Ex-wife is planning to move/return to the UK after many years of living in Southern Africa (not stating the country, of which she is also a citizen but is also a British Citizen by birth).
My older child resides with her there (he has dual nationality (British). We were previously married and subsequently divorced in Southern Africa 7 years ago. I live in the UK with my new wife and two children from the marriage.
The divorce settlement entails me paying Child Maintenance, to my ex-wife, each month along with another fixed sum to 'put a roof over her head' i.e a figure towards rent/mortgage etc. At the time of the divorce, she received quite a big 'pay-off' as such the document states...''The amounts mentioned clauses in 4.1 and 4.2 above shall be paid by no later than the 30th April 2008 and shall be in full and final settlement of all alimony claims that the defendant may have against the Plaintiff.
So.....what would she be entitled to by moving back to the UK ? if the existing divorce settlement is for residence in Southern Africa and was granted by a Southern African court ?
I fully believe I am paying far too much to her in Southern Africa. She of course wants me to continue paying 'the same' in the UK.
I'm more than happy for a UK 'Family arrangement' to be put into place with her or if not.....go down the CSA calculation route....which I have no problem with at all.
I'm just trying to gauge what I need to be doing 'now' to protect myself before she moves here....i.e Can I use the Family Arrangement/CSA and state this is 'how it is' in the UK or do I have to get a formal change to the settlement in the country of origin. In other words....how would a UK court look at this...if it came up in front of a judge ?
Many Thanks
Peter
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Hi My Ex-wife is planning to move/return to the UK after many years of living in Botswana of which she is also a citizen but is also a British Citizen by birth. My older child resides with her there (he has dual nationality (British). We were previously married and subsequently divorced in Botswana 7 years ago. I live in the UK with my new wife and two children from the marriage. The divorce settlement entails me paying Child Maintenance, to my ex-wife, each month along with another fixed sum to 'put a roof over her head' i.e a figure towards rent/mortgage etc. At the time of the divorce, she received quite a big 'pay-off' as such the document states...''The amounts mentioned clauses in 4.1 and 4.2 above shall be paid by no later than the 30th April 2008 and shall be in full and final settlement of all alimony claims that the defendant may have against the Plaintiff. So.....what would she be entitled to by moving back to the UK ? if the existing divorce settlement is for residence in Southern Africa and was granted by a Southern African court ? I fully believe I am paying far too much to her in Southern Africa. She of course wants me to continue paying 'the same' in the UK. I'm more than happy for a UK 'Family arrangement' to be put into place with her or if not.....go down the CSA calculation route....which I have no problem with at all. I'm just trying to gauge what I need to be doing 'now' to protect myself before she moves here....i.e Can I use the Family Arrangement/CSA and state this is 'how it is' in the UK or do I have to get a formal change to the settlement in the country of origin. In other words....how would a UK court look at this...if it came up in front of a judge ? Many Thanks Richard
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youWhat is your gross income from all sources an dhow much are you actually paying your ex?Clare
Customer: replied 1 year ago.
Hi Clare,Apologies....for some misinformation, as the original text I originally used on a forum and wanted to remain 'anonymous' on that site of course !There are actually 'two' boys, from my first marriage, now aged 13 and 11 in Botswana. My ex is planning to move to the UK this Decemeber with the boys. I presently pay £600 'each' per month plus a single £500 - accommodation/roof over their head figure. Plus £120 health care. So a total of £1820.The Divorce Settlement was based on my earnings at that time which were tax-free etc etc As I lived in the Middle East. Been back in the UK for approx 4 years now and my circumstances have certainly changed somewhat. i.e remarried and two other children. Lower income (pay tax etc)I'm a LTD Company Freelancer (work as Oil and Gas Pipeline Engineering Manager, with an Oil Company). My personal Gross earnings are circa £120kKind Regards,Richard
Expert:  Clare replied 1 year ago.
Is the £500 a month expressed as Child Maintenance?
Customer: replied 1 year ago.
Hi,In the Settlement it is worded as follows - Note - never went the ortgage payments, reverted to the £500 as she subsequently 'gained' the house from me as well.''
3. ACCOMMODATION3.1 The Plaintiff shall continue to pay the mortgage installments for Plot 51b Notwane until the mortgage amount is fully repaid. Should the plaintiff cease to make such mortgage repayments for whatever reason, the plaintiff shall pay the sum of £500.00 per month to the defendant as his contribution to the accommodation of the minor children. Such contribution shall endure until both minor children attain the age of twenty one (21) years or become self supporting, which ever happens first''
Expert:  Clare replied 1 year ago.
Once your ex comes to the UK you can apply to the CSA for an assessment - there is no action that you need to take at this stage.However the £500 a month will NOT be replaced by the CSA assessment so you need to apply to the South African Court to vary that part of the orderI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks Clare, That makes things nice and clear. Will revert with anything else.Regards,Richard
Expert:  Clare replied 1 year ago.
You are most welcome

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