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I think there is a bit of confusion, I'm not being asked to pay spousal, I'm being asked to accept a nominal spousal order...which means I pay £1 a year but the door is left open to her as a back stop incase she can't support herself at some future point.
I spoke to another divorcee tonight, he's had a TERRIBLE divorce, my god... I mentioned to him about nominal spousal and he just said that it's hard to find a divorce (maybe round Guildford area?) now that doesn't have it in place, he has it in his.
Got my draft consent order through and the only real point that I don't get is this one.
Is this normal looking? Should I be worried?
My thought is that this is more to protect the ex from me going to the cms after 12 months?
But doesn't the cms overrule a consent order anyway?
The varying of nominal maintenance upwards I don't quit get... if I'm paying £766 let's say and CMS says £650, then would I just be paying the £650? Or would it mean that £750 - £650 = £100 nominal, so the ex will never get less than £750.
That makes me think more that it's to protect her from me going to the CMS and her getting less than £750?
Any genius care to explain 🙁
hi,
looks like they made it water-tight. so if you went to CMS and your £100 better off with them, then you have to pay £100 spousal maintenance. thats what im gathering from reading that excerpt.
It protects your ex and she gets whatever payment works out more .
Re the payment being index linked .
My ex wanted that too I said no way . What I did instead was say that I’d increase the monthly payments by the same % as any increase in my salary , obv after tax . If your ex has good earning capacity make sure you try to get a time limit for spousal to stop and get her back to work
That's the conclusion I've come to, perhaps she's worried I'll go to CMS after 12 months and reduce the payment (I won't as I like keeping earnings private). If at some future point I'm at say 800 with cpi and decide it's too much, I will just go to cms and it'll then drop back to 750 (if cms is less than 750)...seems to only ensure she never gets less than 750 but that I could in theory hold it at 750 for the term.
If I go cms and cms goes over 750 though, I'd expect the varied nominal to drop back to £1!! Not worded in there though.
She's left it late as we're in court on the 11th of July to no doubt pressure me into just signing.
Is it so bad?
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