I’ve gone through a year of mediation with my ex wife and we’ve had the draft memorandum of understanding written up. We’ve agreed with equity split of 70/30 and child maintenance amount. I have offered to give approx £300 more than the calculated amount to £1100 per month for our two young kids to ensure she can afford her own mortgage.
To ensure she got her mortgage, I added a section within the MOU that I’d pay the higher amount until my youngest leaves secondary school.
The mediator and her solicitor has now suggested that a nominal spousal maintenance of 5p per year is added as I can go to the CMS and request to reduce the amount to the calculated amount after one year, even if I’ve added the statement in the MOU that I’d pay this amount until my youngest leaves secondary school. The MOU will evolve into the consent order, a legal document so I’m confused they think I can still go back to the CMS to reduce the amount.
My concern about the nominal spousal amount is that it gives my ex a way of increasing spousal maintenance as and when she needs.