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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.

CMS and Financial Orders

1 reply

ResearchMum71 · 25/06/2024 19:47

My friend has a Financial Order that says she will not make an application to CMS on the basis that there is a trust fund for the benefit of the children. However, this trust fund is only for the children to claim for housing or education once they reach the age of 18.
It goes on to say "The parties further agree that they will each indemnify and keep indemnified the other in respect of any CMS assessments which may be undertaken."
Does anyone know exactly what this means? She has called the CMS but they can't respond until the court order is a year old so she has no idea where she stands at the moment and can't plan her future finances for the children.
Grateful for any advice

OP posts:
millymollymoomoo · 26/06/2024 07:33

why are they looking to seek cns if they’ve agreed a financial order stating they won’t ?

im not a lawyer but as I understand after 12 months post the order a claim can be made to cns - hence why parties are told not to put no claim orders in their agreement

to indemnify means to insure against or compensate for loss, or protect the other from it , so it reads like if a cns claim is made and awarded the other party has to compensate the other for it ( ie make them financially good as a result )
So if she did go to cns and they awarded it she’d have go compensate for

as I said I’m not a lawyer so she needs to ensure she gets proper advise to its meaning but it’s odd she’s signed an order she doesn’t understand !

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