Matrimonial Settlement

[BenValue]

I got divorced a year ago. My ex wife and I get on reasonably well and we agreed an equal split of assets and that she gets a lump sum of £15,000 from me instead of maintenance.

Her solicitors sent the consent order to court for approval. The judge has written back to say that the order is not yet approved as the parties are to explain the justifications for the lump sum order.

I don't really know how to respond. I would be grateful for any advice.

[DrBunsenHoneydew]

Why is £15000 as a lump sum equivalent to whatever monthly maintenance you would otherwise agree on?
Judge probably thinks £15k is a bit low compared to the usual amounts of maintenance they deal with perhaps?

[Clitheroekid]

Normally, a DJ will only intervene if one party is (a) unrepresented, and (b) clearly being screwed. However, your wife is legally represented, so if her solicitors have approved the terms of the order that should be an end to it.

Of course it's always possible that the DJ is trying to protect you. This might be the case if there's no obvious justification for you paying her £15k (for example, if she has clearly got no viable claim for maintenance and there are no assets to be divided).

Have you considered whether in fact she does have a viable claim for maintenance?

Also, have you taken your respective pension rights into account?

[BenValue]

Thank you for your replies. Originally my ex was making a claim for spousal maintenance. Since I am probably moving to Spain (and may well be unemployed) she agreed to a lump sum instead of spousal maintenance of £400 per month backdated from September 2016 until August 2019.

She originally wanted £19,200 but we have agreed on £15,000. This was approved by her legal executive. I am a probate solicitor and have little knowledge of divorce law. I have informally spoken to a couple of solicitors who think £15,000 was a reasonable amount to settle the matter.

The house and pension rights have both been divided equally.

[richlist]

Surely your first paragraph above provides an explanation of what and why. If it were me that's the justification i would provide.

[Clitheroekid]

Thank you for your replies. Originally my ex was making a claim for spousal maintenance. Since I am probably moving to Spain (and may well be unemployed) she agreed to a lump sum instead of spousal maintenance of £400 per month backdated from September 2016 until August 2019.

She originally wanted £19,200 but we have agreed on £15,000. This was approved by her legal executive. I am a probate solicitor and have little knowledge of divorce law. I have informally spoken to a couple of solicitors who think £15,000 was a reasonable amount to settle the matter.

I would agree with them. That's all you need to tell the DJ. It's effectively capitalised maintenance `arrears', which is a familiar concept to DJ's.

As a matter of interest are you intending to carry on practising in Spain?

[BenValue]

Hi Clitheroekid
Thanks again for your reply. I am really grateful for your advice.
I have spent 20 years at my current firm as a partner in a small firm. I don't think I will be able to practise in Spain so I will quite possibly be unemployed.