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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.

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Another possible outcome for me ?

  • Ladybelle
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30 Jan 08 #12376 by Ladybelle
Topic started by Ladybelle
Had another thought this afternoon. If I do agree to sell the house and a settlement is worked out with my x2b pension and the proportion of what settlement I would get, we sell the house right ? so we both get some money. Solicitors can be paid off.
If the house is sold, will he still be forced to pay me spousal maintenance so I can rent somewhere else ? In other words still providing me with somewhere to live, as I am unable to work full time as you know.
Another thing to consider for mediation/judge is that when my finances are examined now, they include money from children and tax credit and dla. That DLA only runs for 2 years, and I only get tax credit because I get the DLA. With all hope I would get the DLA renewed in 2009 but it is by no means guaranteed, so if that happened, I could literally be penniless with no extra money coming in.
I simply HAVE to have permanent maintenance from him pretty much for the rest of my life. Do you think I might get that ? Or do they only grant SM if it is paying the mortgage on the FMH ??

  • TMax
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30 Jan 08 #12380 by TMax
Reply from TMax
Think I would put my money into long/shortish term investments, enough to be not to bad off for when Im older.

(what am I on about I am bloody old heheh)

It reduces the amount of capital I have in the bank in cash and with not having this large amount I would hope it will enable me to get a benfit of some form and not make me spend it till IM nearly skint.

But like now because I have saved for a pension Im entitled to SFA Benefits and all the money Ive put in goes to paying for these druggies, doleies and outsiders. I dont ask the government to pay my mortgage, I do that, but would like to benfit from the other bits that those lazy Bs get. but all that is another story :(

  • Ladybelle
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30 Jan 08 #12381 by Ladybelle
Reply from Ladybelle
Was this reply meant for me SK ??

  • Josh2008
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30 Jan 08 #12384 by Josh2008
Reply from Josh2008
Looks like callum posted on the wrong thread

  • gone1
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31 Jan 08 #12411 by gone1
Reply from gone1
There are lots of things that affect SM. In your case I think that becuase you are disabled you will get SM. The reason I say this is becuase my ex wife is also disabled. She would have got an open ended SM award. She is not disabled of course its all fake. All she has is a low pain threshold and a bad back. Her mum was realy disabled and my ex copied her. My ex hates work. But a mutual friend has told me she is looking for work now so that just goes to show you.

I know that DLA is reviewed every 2 or 3 years. In your case becuase you future is uncertain you will need to have the option of going back to court to vary the SM order should you not get you award. Unfortunatly this means that you cant have a Clean Break.

But at the end of the day this comes down to the judge. In my experiance the divorce system is very biased to the women. My sol agreed with me. Becuase you are disabled and your funding is far from garenteed I think you will get SM. I also think that you are trying to earn a living and that shows that you are trying to stand on your own 2 feet. Which is commendable. I think this goesin your favour.

You have to think of yourself. I would get a good sol and someone that understands disabled people and there needs. IMHO women make much better solicitors. Thats why I have one ;-)My sol is very understanding. But then again she is a women. Goodluck. Chris

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