David, many thanks for your earlier advice. I am now in the position that I have a sealed consent order and I have finalised my divorce. However, a few things have come up since the divorce was agreed and I would be grateful for your thoughts on these:
1) Transfer of FMH
The agreement is that I must be released from the mortgage at the very latest in about four years' time (with the usual best efforts to release before that) and my understanding is that it is at this point that I transfer title to her and she removes me from the mortgage. Without asking for specifics, should I be wary of any potential risk of Capital Gains Tax arising from this transfer or am I exempt as the consent order has already made her the sole beneficial owner?
2) Child Maintenance
There is a slightly awkward problem here that when we were negotiating a child maintenance figure for the first few years (before switching to CMS rates) the initial agreement was that I would pay her CMS estimate + £100 + half of school trips, clubs and uniforms. This suggestion was included in an email I sent, albeit sent "without prejudice." At the recommendation of my solicitor to increase her mortgage capacity this was changed to CMS estimate + £230, incorporating all the other costs. However, my ex seems to believe she should get this CMS figure and all the other costs (although the consent order does not say this). I don't want to pay her twice for the same thing so can I rely on the consent order, or could she try to re-open the consent order on the grounds that she believed she would get this figure plus the other costs?
Also, if I did find I had to pay her the agreed figure and costs, would I be within my rights to apply to CMS two years earlier than proposed (I did not make an undertaking, only stated an intention not to do this unless circumstances changed).
3) School Holidays
In the same email sent "without prejudice" I said the proposal was based on me covering half of the school holidays. However, this was sloppy of me as the real intention was meant to be covering half the school holidays
when she started working full time. In order, I suspect, to prove a point she seems keen that I immediately start covering half of the school holidays despite the fact I only get 5 weeks off per year and she gets 12 weeks off a year. The end result would be me never having any time off whilst she would have 5 weeks in which to do nothing.
Would it be reasonable for me to tell her the intent was that this was when she worked full time and until that happens I will cover sufficient holidays so that we both have 2.5 weeks off? Or could this open the door to the consent order being re-opened?
