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Spousal periodical payments set at £1 a year

9 replies

mindyourownbiscuits · 05/04/2022 16:20

I got divorced a couple of years ago

As above the spousal periodical payments were set at £1 a year

Can anyone tell me why this would be?

I vaguely remember my solicitor saying it was useful as long as I didn't remarry but I was so stressed and traumatised by the whole thing I can't remember why

The final order also says "except as provided for in this order, the applicants (me) claims for periodical payments orders, secured periodical payments orders, lump sum orders, properly adjustment orders, shall be dismissed and she shall not be entitled to make further application" etc etc

So.... what purpose does that £1 a year serve?

He has to disclose his accounts once a year

Thanks so much to anyone who has a moment to answer

OP posts:
Collaborate · 05/04/2022 17:21

It leaves to door open to an increase later on.

mindyourownbiscuits · 05/04/2022 17:58

...but doesn't the next bit I typed mean I can't make any more applications for anything?

To my non legal mind, these two parts contradict each other

Sorry for not understanding, I realise it must be frustrating for those in the know

OP posts:
Pinkandpurplehairedlady · 05/04/2022 18:00

I have the same in my consent order and it’s so that I can go to court and vary it if needed.

Sapphirejane · 05/04/2022 18:03

Not a legal bod but I would assume it meant you couldn’t apply for any additional type of payments but this one can be varied as it’s already in place?

Dogsandbabies · 05/04/2022 18:04

I had the same. In my case I was the higher earner and had greater wealth so she advised I ask for 50p this stopping my ex making any claims down the line.

Dogsandbabies · 05/04/2022 18:05

I should have added... this would stop him claiming and potentially asking for a variation down the line.

I assume your solicitor did it to leave the possibility for you to claim more in the future.

Collaborate · 05/04/2022 18:21

@mindyourownbiscuits

...but doesn't the next bit I typed mean I can't make any more applications for anything?

To my non legal mind, these two parts contradict each other

Sorry for not understanding, I realise it must be frustrating for those in the know

No it doesn't mean that at all - only in relation to the orders dismissed.
mindyourownbiscuits · 05/04/2022 18:31

So in ten years time if he was back earning the £250k he (unsurprisingly) stopped earning a few months before Form E... I could reapply to ask for more?

Apparently all he had to his name was £120k debt despite the salary so I came out with nothing but legal fees (for context)

Looking forward to if he took that sort of job again...

What if he has a whole new family (likely) - would that stop me being successful in applying?

What if I am doing ok in my job and I'm not on UC anymore (could go either way) - would the court only accept me asking for more money if I was still struggling?

He does have to submit his accounts to me once a year but I don't have much faith in that. His accountant is very... creative.

OP posts:
Collaborate · 07/04/2022 12:04

@mindyourownbiscuits

So in ten years time if he was back earning the £250k he (unsurprisingly) stopped earning a few months before Form E... I could reapply to ask for more?

Apparently all he had to his name was £120k debt despite the salary so I came out with nothing but legal fees (for context)

Looking forward to if he took that sort of job again...

What if he has a whole new family (likely) - would that stop me being successful in applying?

What if I am doing ok in my job and I'm not on UC anymore (could go either way) - would the court only accept me asking for more money if I was still struggling?

He does have to submit his accounts to me once a year but I don't have much faith in that. His accountant is very... creative.

That's a lot of hypothetical questions. You could do with booking an appointment to see a solicitor.
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