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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8325
Experience:  Barrister at law
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I have a court order following divorce in 2011. BS10D00260.

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Hello, I have a court order following divorce in 2011. BS10D00260.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I was the petitioner and the order says I have to pay GBP2150 per month until death, respondent re marriage or further order terminating payments. I am now 60 and plan to retire at 65. How can I possibly keep this payment schedule and surely there is a cap on this once I reach retirement age or stop working or am made redundant? Please can you advise. Many thanks Simon
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Singapore mow but court was in Bristol UK
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: divorce was June 2011
Customer: replied 13 days ago.
File attached (SPV3L61)

Good evening.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

The order records that either of you can apply to court to vary or amend the terms relating to periodical payments - this is recorded in the recitals to the order on page one.

This was noted as it would be unreasonable to expect you continue to pay should you have no income or you are retired, and as such the onus is on you to show the court that it is no longer possible to maintain the payments at this level - applying for them either to be paired downwards or terminated.

Your court order is 10 years old. Maintenance for life is very rarely awarded in court these days - and as such your application to vary should fall on receptive ears as the order harks back to the 'old way' of doing things.

You have to show a significant change in your income to justify making an application though.

A 20% shift in income may not trigger a variation. A 50% change or retirement (and therefore significantly reduced income) almost certainly would, particularly given that pension sharing has already been ordered. Timing is important therefore.

Applications are made on the court form A1 - available at www.gov.uk.

I trust that this answers your question? Can I clarify anything further for you?

I didn't hear from you, but I trust that the information provided was of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 13 days ago.
Dear *****,
Thank you so much for the advice which is most helpful and clear. I think I will need to wait until my retirement to ask for a change to the court order as whilst I am struggling to make the payments my earnings have risen since this original order 10 years ago.I assume I cant apply to the court now for a change in condition that upon retirement or better still, when I reach the age of 65 payments will stop?Many thanks & best regards Simon

Yes your assumptions are correct. you can't make an application on a pre-emptive basis for an event some years in the future I'm afraid,. Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter