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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.


Child maintenance payments for disability

  • ascatfish
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22 Aug 12 #351077 by ascatfish
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A friend has mentioned to me that i can go to court and get increased child maintenance payments because one of my children has a disability. I know this fact isnt taken into account with the CSA, but she has assured me that this is one of the situations when a court will decide that more maintenance is due. (CSa payments are a paltry £50 p week for 4 kids as he is hiding income as self employed)

I have mentioned this to my solicitor and she was going to look into it and get back to me - hasnt yet - can anyone give more information ?

  • NoWhereToTurnl
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22 Aug 12 #351082 by NoWhereToTurnl
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Hi,

Have you already been to court for ancillary relief/financial resolution? as the needs of a child with a disability would be taken into account. This however is not possible until the Decree Nisi has been issued.

How old are your children? and what impact does your childs disability have on his/her daily life? Are you able to claim carers allowance?

Sorry to ask so many questions, its not easy to answer with limited information.

Best wishes,
NWTT

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22 Aug 12 #351146 by ascatfish
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We haven''t got to Decree Nisi yet. Children''s ages are 8,6,4 and 1 . it is my 6 yr old with the disability - down''s syndrome. He gets High rate care DLA and I get carer''s allowance . Obviously his disability impacts all of his daily life - most obviously low muscle tone which means he cant walk as far as other kids the same age and speech delay and also problems with short term memory .i.e forgetting first part of instructions if given too many at one go etc

Thanks

  • Fiona
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22 Aug 12 #351154 by Fiona
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Under Schedule 1 Children Act 1989 the courts can make an order to help cover the expenses related to a child''s disability. The court would then consider the needs of the child, the resources of both parents and the child and the ability of parents to contribute towards the expenses. It''s possible to make a claim independently or as part of the overall settlement on divorce.

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22 Aug 12 #351163 by ascatfish
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Thanks Fiona Im guessing that must be what my friend was referring to :)

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