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Is Nominal Maintenance fair in this instance? (5 Posts)
Started By:
09 August, 2017 08:44PM
Is Nominal Maintenance fair in this instance?
UnhappyMouse - 09 August, 2017 08:44PM
Hi, some advice if at possible....

So a few years down the line my divorce is finally proceeding, despite a few heated fall outs we have come to an agreement, or so I thought...

We agreed to sell the house, there's £250k equity..?wife gets 75% I get 25% (64k towards deposit on new place I'm now buying) this is after legal fees, Wifes moving fees and stamp duty all if which are coming out of the total pot prior to dividing up, none are going to my moving costs ( I currently reside in a one bed flat)

I have also agreed to forego 40% of my £200k pension

Ive agreed to pay child maintenance of £550 per month for 1 child (correctly based on govt calculations) she has demanded £700 but this is because she used my gross salary, not taking into account pension payments and time my daughter spends with me and also seems to think there are 5 weeks in every month.....(very convenient)

In addition Wife gets a brand new car from me via my work every 6 months free of charge (she pays Ins and fuel) cost to me £130 pm - she wanted £5k lump sum but I declined as I see this as a goodwill gesture from me, I'm not obliged to provide her transport..? I don't think - she's worried I'll pull this as soon as we divorce I but have no intention of doing that as I want both her and the kids in a safe car

So we'd agreed the above, all good, I feel like I've tried to be both amicable and fair......until I receive a solicitors letter demanding I also agree to a nominal spousal maintenance of £1 per annum on the basis that Wife's part time job is not secure and she has had (and may get again) a degenerative disc disorder that affects her capacity to work full time now or at all in the future....

So I've declined this as it was added in last minute, after we had agreed all of the above and seems a bit under hand and also I would like a clean break, in fact all along that is what we'd agreed too. So anyway we've massively fallen out again as I think she's moving the goal posts she thinks I'm being an arse (being polite, she thinks much much worse of me!) as her solicitors have told her she has to include it to protect herself

So is this nominal maintenance something I should avoid like the plague or accept on the basis that they don't often come to fruition and she'd still need to go through the courts to pursue.....

I'm just after general guidance as to how to respond, despite what my ex thinks of me it's I important to me to be fair whether I like it or not so is her request fair, if so I'll agree no question or unreasonable given the rest of the financial agreement as above? Or is it just another layer of this Divorce i need to accept but might not ever Happen.....?

Many thanks for any guidance here.....
Re: Is Nominal Maintenance fair in this instance?
Bubblegum - 09 August, 2017 09:19PM
How long have you been married?
Is she likely to remarry?
How old is the child?
Are they asking for joint lives nominal?
Have you had any medical disclosure of her health condition and prognosis?

The nominal spousal leaves the door open for her to come back and ask for more if her needs change in the future. Ideally you would seek a clean break.
Re: Is Nominal Maintenance fair in this instance?
UnhappyMouse - 09 August, 2017 09:44PM
Hi thanks

21years, child is 10...no idea re remarriage I don't believe she has a partner currently, no idea re joint lives or any other terms

She has had two major operations previously, the last one a number of years ago but she is still prone to back issues whether that would manifest itself into another disc going im not sure

So ideally I would be looking for a clean break as you say, how likely or how much would they push nominal maintenance, presumably they can't force me if I refuse, then she would have to go to court to get this agreed? -that would seem a bit extreme and expensive given what we've already agreeed too? ATM the consent order is being drawn up by her solicitors based on our original agreement but now with this additional last minute extra.....

Thanks again
Re: Is Nominal Maintenance fair in this instance?
jill_of_all_trades - 10 August, 2017 08:51AM
To me the clean break is the crux of the matter. I would not agree to the nominal maintenance.
Re: Is Nominal Maintenance fair in this instance?
Bubblegum - 10 August, 2017 09:00PM
It's a consent order, you do t have to agree to a anything you don't want to. The only option they would have is to take the matter to court. I would probably hold out and see how they respond for now.
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