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I will need to know all the background can i ask please - Is this about a financial settlement re divorce?
and what would you like to know?
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Hello again. My pleasure.
Whilst wanting to provide a secure future for children for as long as possible and even into university is admirable, the legal liability ceases at aged 18.
It depends whether your wife has the same ethical view when it comes to the sale of the house.
It’s a very fine line between savings and income because without the income you cannot save any money.
So the 2 go hand-in-hand. This
The one way of guaranteeing that nothing happens until the mesh order finally hits is to have no income.
I haven’t seen the file or the negotiations so it comes down to how written in stone the current offer on the table is
Excellent. The GBP850 (885) is for children, nothing to do with the spouse.
So the way it is worded, once this order is sealed by the court, her claim finishes. That’s the end of it. You can then do what you like but you have to carry on paying the GBP850 for the children and she could apply to have that increased but it’s only for the children not for her.
It’s most unlikely that the court would not seal the order unless it is inherently unfair.
The judge may ask for a hearing if he thinks it’s unfair and one of you is not represented but he would not normally ask for a hearing if you are both represented whether the agreement seems to be fair or unfair.
Clearly, your ex has great earning potential which is probably why it is going the way it’s going that she only wants money for the children. The disparity in assets is another reason although you haven’t mentioned pensions because they sometimes can be a huge amount of money which very often gets overlooked.
Your solicitor is correct that there is no clean break with regard to children. It’s what I said earlier.
However as it says, if there are fundamental changes to the circumstances of the parties, and one can apply, then it’s not a clean break!
The reality is that in those circumstances, nothing is a clean break but there would have to be something pretty fundamental in the change of circumstances such as becoming rich rather than just an increase in income.
As she says, it is not done lightly.
With regard to child maintenance, the courts will very often simply referred it to the Child Maintenance Service and the CMS rates indeed would then apply and that is very often the guide that the court would use.
Capital adjustment means that she can’t have a chunk of money if you inherit or win a chunk of money. She can only base it upon income not capital