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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Financial consent order whilst waiting for C100?

2 replies

bluebellforests · 27/04/2022 01:19

Hi,
I’m finding it hard due to the length of time it has taken.
Jan 2020 he said for the first time he wants to divorce. Several times since.
Aug 2020 - he sent me his draft petition but never filed. I arranged counselling.
July 2021 sent me another draft petition and finally filed in Oct 2021. Decree nisi issued in March this year.
Three sessions of mediation attempted but broken down. Lost his temper badly.
I filed for a C100 (because he was adamant he wanted to go to court and 50/50 custody, and lots of reasons and evidence why this is not in the best interests of the 2 children). Waiting for Cafcass interview at the moment.
In the meantime, we are still living in the same house and it is becoming so hard! He is a very high earner and can definitely afford to move out, whilst I cannot.

I feel like he is dragging this out as much as possible, just to bully and intimidate me as much as he can. I feel like he wants to control me for as long as he can, and whilst he has moved on with his life completely, he likes to keep me at home as his “wife”. He refers to me as ‘my wife’ in emails to estate agents etc. I find it bizarre. (I work 3 days a week).

What I would like to know is, whilst we are waiting for the C100 and assuming this can take at least 6 months, can either of us apply for the financial consent order?
My understanding is that child maintenance is a separate issue and not under the court (but rather CMA). There is therefore no need to wait for outcome of the C100. He is saying, according to his solicitor, that we need to wait for the C100 because it will ‘affect the finances’.
But can we just get on with it? I mean, why can’t we do the financial consent order and split the equity, pensions and do a spousal maintenance (he earns 4 times as much as I do).

Why do we need to wait? Also, my finances is running low and I do have a solicitor but I am trying to do as much as possible on my own, if it’s straightforward. I’ve done the C100 myself.
Can I submit a Form A to court to get the ball rolling with the finances?
He is a very difficult man.

OP posts:
bluebellforests · 27/04/2022 01:57

I found a really helpful article on Wikivorce regarding spousal maintenance.

“If there is a reasonably large disparity in incomes (and bearing in mind “income” is income from all sources, including (but not limited to) child maintenance; tax credits; state benefits; income from employment and self employment; private income) then the answer is usually yes, an order for periodical payments should be made….”

Am I reading right, that spousal maintenance can only be calculated once child maintenance (if any at all), has been decided, because it forms part of your income and will affect your level of ‘need’?

OP posts:
millymollymoomoo · 27/04/2022 05:46

child arrangements can impact settlement as they determine needs- ie if one party housing children their needs greater
cms based on time spent with parents - this can impact mortgage raising abilities

also, spousal is not guaranteed even in cases where one party earns 4 x the other. Courts would try to reach clean break if possible
you most likely also be expected to return to work full time rather than work part time and expect spousal to maintain that

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