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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Overnight Stays

  • C. J.
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22 Aug 12 #351101 by C. J.
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Update:

The CSA contacted my fiance this morning and said that the reduction for overnight stays is worked out yearly from Jan - Dec!

Can someone confirm if this is correct.

If that is the case and my fiance will not be able to apply for a shared care reduction until Jan will he get the previous 6 months worth of overnight stays backdated as he has been having them 4+ nights since June?

Talk about trying to make things as difficult as possible!

  • WYSPECIAL
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22 Aug 12 #351105 by WYSPECIAL
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C. J. wrote:

Update:

The CSA contacted my fiance this morning and said that the reduction for overnight stays is worked out yearly from Jan - Dec!

Can someone confirm if this is correct.

If that is the case and my fiance will not be able to apply for a shared care reduction until Jan will he get the previous 6 months worth of overnight stays backdated as he has been having them 4+ nights since June?

Talk about trying to make things as difficult as possible!


Absolute nonsense as there could be a change of circumstances at any time. What if care was shared 3 nights NRP 4 nights PWC but suddenly NRP decided it should be 7 nights with PWC? Would they say "Sorry come back next January"?

Complain, in writing, to CEO and your MP immediately and quote the name of the person telling you this.

  • C. J.
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22 Aug 12 #351113 by C. J.
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Thanks we thought as much.

Will sent a letter out today.

They have also stated that they will accept a letter/statement from me as evidence that the children are staying overnight.

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22 Aug 12 #351115 by WYSPECIAL
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C. J. wrote:

Thanks we thought as much.

Will sent a letter out today.

They have also stated that they will accept a letter/statement from me as evidence that the children are staying overnight.


If you have been allowing them to contact you by phone this is a good example of why you should insist all communication is in writing. Staff are much more careful with their quotes and interpretations of rules when they commit them to paper and sign them.

Live and learn!

  • Teepee
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22 Aug 12 #351133 by Teepee
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I sympathise with you C J, I am going through a similar process and whatever CMO says, if it comes to a dispute then 999 times out of 1000 the CSA will side with the main carer (usually the ex wife) as ''on the balance of probability'' they are right, its a fact of life and for my own case while I have to provide documentary evidence for everything, my ex just has to say something to be believed, I understand ''Guilty until proved innocent'' is the correct term! I''m sure you will find plenty of other dads on here experiencing exactly the same thing!

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22 Aug 12 #351144 by stepper
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Exactly teepee - my son''s documented contact list was disputed because the ex. had said he was an absent father. It is going to appeal, so I suppose that is fair enough. However, is can be an uphill struggle for dads at times.

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22 Aug 12 #351193 by C. J.
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Wyspecial - yes we have learned the hard way.

Seeing as though my fiance has been given the run around on this he will be asking for future calls to be put in writing.

I still can''t believe how complicated this is!

I''ve written my statement that they requested - having said that, they still probably won''t believe my fiance and the statement will have been a complete waste of ink and paper! :S

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