If you’re struggling to manage on the payments you get
If you’ve already started getting divorced or ending your civil partnership
You can ask your solicitor to turn your separation agreement into a ‘consent order’ as soon as you’ve started the process of getting divorced or ending your civil partnership.
If your consent order is approved by a judge, it becomes legally binding after your divorce is finalised or your civil partnership ends.
You’ll have to pay a court fee of ?53 for a consent order, as well as fees to your solicitor.
If you can’t agree on financial support
You’ll need to apply to court for a financial order. This asks a judge to decide how much maintenance you should get.
You can apply for a financial remedy order without the help of a solicitor, but some of the forms are quite complicated. You’ll also need to find lots of evidence like bank statements and payslips.
It’s best to talk to a solicitor, just to make sure you’ve got everything you need for the court hearing.
You can apply for a financial order at any time after you’ve you’ve filed an application to end your marriage or civil partnership – as long as you’ve been to a meditation information and assessment meeting (MIAM) first.
It’s best to apply before you receive your decree absolute or final order. The longer you wait to apply after separating, the less the judge might award you.
If you have a voluntary arrangement and you’re struggling with the maintenance you get from your ex-partner, you could try talking to them and explaining why you need more money.
If your partner can’t afford to pay any more, it’s worth checking if you’re eligible for any benefits or help with your council tax.
Contact your nearest Citizens Advice if you’ve got little or no money spare at the end of each month after separating – an adviser can help maximise your income.
If you already have a financial order from the court
You can go back to court to ask for more maintenance if you or your partner’s circumstances have changed. For example:
Before you go to court
To get an increase in maintenance, you’ll need to be able to prove that there’s been a change in circumstances. A solicitor can help you decide if it’s worth going to court.
There’s always a risk that the judge could amend the order in the opposite direction – lowering your maintenance payments. Your legal fees could also end up being more than any increase a judge awards you.
If you’re the one paying financial support
You don’t have to split your income 50-50, but you should aim to pay what you can towards your ex-partner’s bills and living costs until they can bring in more money on their own.
It’s important that any agreement is fair on you both. You shouldn’t pay so much financial support to your ex-partner that you end up getting into debt yourself.
If you can’t afford to pay
Find out if your ex-partner will go to mediation with you. If they won’t, you should talk to a solicitor.
If you already make court-ordered payments to your ex-partner and can’t afford the payments, you could go back to court and ask the judge to vary the court order. You’ll need to show why you can’t afford the payments any more, for example because you’ve lost your job.
If you want to vary the court order because you believe your ex-partner doesn’t need as much money any more, you’ll need to prove that Las Vegas sugar daddy dating their financial circumstances have changed.
