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Topic:
FAIR OR UNFAIR SETTLEMENT? (5 Posts)
Started By:
Date:
13 March, 2017 06:06AM
FAIR OR UNFAIR SETTLEMENT?
jermain - 13 March, 2017 06:06AM
I am trying to agree settlement and will need help/advice.
we were married for six years untill nisi. lived togerther for two years prioir . STILL UNDER SAME ROOF ALTHOUGH SEPARATE LIVES!!
I am 47 she 38.
Kids 2 . Ages 19 and 9.
pension only mine 105k including both state and private.
FMH equity 180k-200k. OUTSTANDING 200K
Buy to let property-- equity 150k before CAPITAL GAINS TAX.OUTSTANDING 155K
Both property in sole name as she refuses to engage in any kind of work.
She is in a relationship and has recently given birth to twins who she has brought to the FMH thinking it will enhance her case !
My earnings 40k PA.
Her earning 0.
She wants to keep youngest child obviously for monetary reasons. Eldest comes with me.
Im tempted to fight for custody but cant afford protracted legal battle!
Eldest away at uni. Youngest sleeps with me as she couldnt be bothered with her care....hands full.
I AM TRYING TO AGREE THE FOLLOWING JUST SO I MOVE ON...
FMH SOLD AND ALL EQUITY GIVEN TO HER.
I KEEP MY BUY TO LET
I KEEP MY PENSION.
I PAY NORMINAL MAINTAINANCE OF £1 TO HER TILL YOUNGEST IS 16
I WILL PAY CHILD MAINTAINANCE AT THE GOING RATE.
Her new Man is lurking in the background waiting to get married for immigration purposes!
Could anyone advice if i am doing the right thing here?
Have i got a fair deal? the proposals came from her camp!
Will the courts rubber stamp this or could they say no?
I just havent got the strength nor the fianances to fight as she seems to be loving it!
I WILL CHERISH IT ANYONE COULD OFFER TIPS AND ADVICE.
Re: FAIR OR UNFAIR SETTLEMENT?
jill_of_all_trades - 14 March, 2017 08:39AM
This is not a clean break agreement given the nominal maintenance. She could come back to get this changed particularly if she does not marry the boyfriend.

Contact with your youngest is not specified.

I appreciate the finance issue but this is worth seeing a solicitor, getting a view as to what would be a fair settlement as far as the courts are concerned, and making a counter offer.
Re: FAIR OR UNFAIR SETTLEMENT?
davidterry - 16 March, 2017 03:26PM
As has been pointed out, nominal maintenance is not a clean break. Nominal maintenance can be turned into substantive maintenance if circumstances change to justify it.

It would be better to negotiate a proper clean break - ie no nominal maintenance. However, if that is not possible and nominal maintenance remains a part of the deal then it is very important that the end date is final and that there is no possibility of extending the term before it expires. The wording to do this is not necessarily obvious to a lay person.

For instance, if an order says X is to pay Y maintenance until 1st January 2018 that does not actually mean that it will definitely end on 1st January 2018. That is because on this wording Y could apply to the court to extend the term any time before 1st January 2018. To actually bring such maintenance to an end once for all the possibility of extending the term must be SPECIFICALLY included. It will not be implied. It requires what is called a section 28 bar. It is for this reason that you should always check whatever is proposed with a lawyer acting for you before you commit yourself. If you do not you run the risk of falling into the above kind of elephant trap. This is probably the most common mistake made by people who do not seek legal advice on the wording of an order. The other side will never point it out to you until it is too late.
Re: FAIR OR UNFAIR SETTLEMENT?
jermain - 17 March, 2017 08:05AM
The wording is as follows-----
Except as provided for in this order, the parties claims for periodical payments orders, secured periodical payments orders, lump sum orders, property adjustment orders, pension sharing orders and pension attachment orders shall be dismissed and they shall not be entitled to make any further applications in relation to the marriage for an order under the matrimonial causes act 1973, section 23(1)(a) and (b) and they shall not be entitled on the others death to apply for an order under the inheritance ( provision for family and dependants) Act 1975 section 2.


Liberty to apply.
The parties shall have liberty to apply to the court concerned as to the implementation and timing of the terms of this order only.
Re: FAIR OR UNFAIR SETTLEMENT?
davidterry - 17 March, 2017 06:26PM
Fascinating but it begins with these words, 'Except as provided for in this order'. You have omitted precisely the most material part of the order which is exactly why you should take your own independent legal advice about it rather than relying upon what you think it means.
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