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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.

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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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Decree Absolute but outstanding financial issues

  • kenM
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14 Mar 08 #16760 by kenM
Topic started by kenM
Hi

I am writing on behalf of my partner. Brief summary:

She was left by her husband a couple of years ago. Two children under 18 and in the matrimonial home. She is on low income but he was a high earner and initially the mortgage and costs etc continued to run on a joint basis.

Last year, she applied for divorce and the process began. form E's were completed and hearings took place. The court ordered that he pay maintenance for his two children and that additionally he pay an extra sum (spousal maintenance??) to cover the amount needed to pay the mortgage and other household costs. Its a very big house needing lots of work and even with all her salary going in, its not possible to meet the bills. The house is being actively marketed but its taking some time.

The maintenance payments to date have been sporadic and never to the full amount (which also causes stress and worry) but by hook or crook the bills have been paid. The idea behind the extra payment was to ensure that she and the kids have a roof over their heads until the property is sold and the assets split.

Yesterday, a letter arrived from her solicitor containing the Decree Absolute. Her ex had applied for the absolute and its been issued. She was not informed that he had applied and has been to no hearings. Does anyone know how this can be? Finances have not been resolved and my (our) understanding is that spousal maintenance ends at the time of the absolute. If this is correct there now is a real chance that she cant pay mortgage (even though he is still on deed).

Any advice from anyone who knows about this most welcome.

Thanks

  • Angel557
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14 Mar 08 #16766 by Angel557
Reply from Angel557
Sposual maintenance does not end on the absolute , I am in the same boat i was not told of him going for the absolute i was told 10 weeks later and that he attended court in person, our finances have still yet to be resolved , i think she needs to ask why she was'nt informed as this is not the service you are paying for , this is where us going through this stress are really not helped by our sols who make money out of our misery by adding more stress and misery on top.

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