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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Please help

  • Emalou33
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20 Feb 08 #14568 by Emalou33
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Thanks Tinny, I am going for ancillary relief through the court, I think I have to to get the maintenance payout I need and H can afford to pay. He is offering 500/month at the moment which still leaves him 2800 per month, and he will not budge. I was just worried that I was spending money on solicitors that was not going to gain me much in the long run. Thanks for the help.xx

  • attilladahun
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21 Feb 08 #14577 by attilladahun
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Any pensions of merit? If so and H's are greater the 60% may be just on the low side..really you are quite close the logical move is both to stop wasting legal fees sand settle...perhaps the payments being made to the solicitor of c £200 a month from you both can be agreed is paid into a pot to get rid of the £19K debt asap.

Could you not raise and service at least an interest only mortgage to buy modest accomodation?

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21 Feb 08 #14578 by attilladahun
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Solicitors advice is a litttle optimistic in my view...solr is right it is not on the face of it a SM case other than say and agreed sum a month (to help pay off your debts) and to make sure the term is fixed and NOT extendable...or H agrees an additional Lump Sum of say 50% OF DEBTS say £9000 to be paid within 3 years.

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21 Feb 08 #14597 by Emalou33
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:SWe both have small pensions, mine has a CETV of £11.5K, I would imagine H to be more like £20K. TO be honest I am happy to ignore pension if we can resolve the other assets and maintenance. I thought the reason the spousal maintenance came into play was becuase of H earning a lot more than me? And also I am stuck in a ten year fixed rate until Dec 2016, which would put my daughter at 19 years old.
I could get out of it but it would cost £10.5K and I really do not want to lose that amount of equity. If I sold up based on the equity we have and cleared my debts I would have no deposit, and the other thing is that if we stay where we are my daughter is in the catchment for very good schools, if we move to another area they are a lot harder to get into. If we move out of the area house prices go down but the standard of schools does too.
Plus I have grandparents in the next road and they help with my daughter if I have to be away on business.

also my little one had a good standard of living before all this, and now all her activities have been stopped, her father never calls her and at the moment is averaging contact at once every couple of weeks, so i do feel he ought to be made to pay more.

If he gives me only the CSA amount (roughly £500 a month I think) it gives him £2800 a month to live on, and we would not be able to manage, I can't see that this is fair as he left the home and I have begged him to stay.

I have offered him back the house and said I will rent but he says he cannot afford it!! It is four bedroomed so he could get a lodger.

One final thing is that he gets a 20% bonus on achievement of budget (worth £10K/ year) - does anyone know how the court deals with this?

Thanks Emalou
xx

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