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Original poster

financial consent order

9 replies

CrackinMum · 18/05/2023 14:50

My fiance has an informal financial agreement with his ex (for child maintenance) and they never got a financial consent order (they are divorced). From what I understand she can make a claim on his assets at any point in her life (unless she remarries). I've brought up the issue of him sorting out a financial consent order before we get married, but he refuses saying she will never make a claim as "she's not like that". Am I being unreasonable or is he being naïve?

OP posts:
millymollymoomoo · 18/05/2023 15:09

He’s being very naive
whats stopping him

dont marry him until it’s sorted

Original poster
CrackinMum · 18/05/2023 15:14

Yep that's what I'm thinking too. He says it's about money (not having to fork out any more for a solicitor to sort this out). I think the thing that's stopping him is fear of any kind of confrontation (with the ex).

OP posts:
Mumof3confused · 18/05/2023 22:52

He’s being incredibly naive. There are places that will do it for you very reasonably if there isn’t anything to negotiate. She should want to protect herself also

Pixiedust1234 · 18/05/2023 23:02

Does he own his own home? Thats half of hers that she could claim. You wouldn't have a secure roof over your head ever. Dont buy a house with him either.

Does he have any savings? Half are hers. Dont save with him (or invest).

Does he have a pension? She could claim half at any point, even when he's 70.

How can he, or you, forecast and budget for the financial future? You can't.

Tell the lazy fecker to pull his finger out and get it sorted.

Collaborate · 19/05/2023 09:24

There is some dodgy advice above.

If he divorced her then he can apply for financial remedy at any time. If she divorced him then he can no longer aply for financial remedy if he remarries.

Depending on how long ago they divorced any financial claim the mother may choose to bring would likely have nuisance value only. However he would need to probably pay for a detailed assessment from a family solicitor to get a more reliable view.

Original poster
CrackinMum · 22/05/2023 09:23

Thank you everyone. I've spoken to him again about it and he's agreed to sort it through the proper legal channels.

OP posts:
BetterFuture1985 · 22/05/2023 13:23

CrackinMum · 18/05/2023 14:50

My fiance has an informal financial agreement with his ex (for child maintenance) and they never got a financial consent order (they are divorced). From what I understand she can make a claim on his assets at any point in her life (unless she remarries). I've brought up the issue of him sorting out a financial consent order before we get married, but he refuses saying she will never make a claim as "she's not like that". Am I being unreasonable or is he being naïve?

Definitely get a consent order. People change.

She might be fine now but if she's careless with money she might one day feel entitled to some capital or a bit of his pension.

Mummyg1989 · 20/08/2023 10:24

Hi all, I'm hoping someone can help me here as I'm in a tricky situation at this present time. I have had a child maintenance case open now since 2018 for my child I share with an ex, however since 2018 he has been paying a reduced amount of maintenance since the case was open stating his income was £8.5k per year, so because of this he has paid £78pm in maintenance since this time. However noticing recently that his life style doesn't add up to his very low income. I decided to google his name and found my ex on companies house and have found that he is a ltd company director and hasn't been declaring his company to cms for all of these years or informing them of the £50k he pays himself in dividends each year. June this year I put in for a variation giving CMS details of the information I've found. Cms state that this is currently being investigated by the FIU and that it shall take up to 26 weeks in order to get a response with regards to the variation. I can see on companies house that his company has over £150k turnover in recent years, my question is will CMS apply this additional income from the beginning of the case? Or from only recently why I noticed that my ex has failed to comply with CMS and divulge his accurate income? CMS tell me very little over the phone each time I ring and simply tell me that I must wait until 26 weeks for a response but in the meantime my ex still only has to pay £78pm? I am struggling financially at this present time, and knowing that my ex is hiding income from our child is hard to take, as it just means I have to work more hours away from our child just to provide them with everything they need, each time I ring CMS for an update they tell me nothing. Anyone been in a similar situation and can tell me the outcome of an additional income variation, and time frame you waited to get backdate payments? As CMS are telling me very little over the phone when I ask for updates due to confidentiality of the other parent? x

Collaborate · 20/08/2023 12:10

CMS do not take dividend income in to account unless you apply for a variation. It’s not backdated. Each year they will have done an annual reassessment based on his tax return, excluding dividend income. That’s the law.

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