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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.


Newbie ..help appriciated

  • PippaF
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11 Dec 07 #8816 by PippaF
Topic started by PippaF
Hi, I am not getting divorced but have a partner who is legally seperated and is in the process (or at least his ex is as he has not done anything about it). I really did not want to get involved but certain things Ive seen and heard are worrying me now the relationship is gettting serious.

I met him after the split so I had nothing to do with it. I want to know what the future financial implications are for me and him if we stay together. Currently he is more or less living with me in my house.

His wages are not very high, she earned more than him. He has two kids. I without a doubt agree that he must pay maintainence but I worry about our financial future if he has to pay her money too.

She has 'promised' not to have anything from him but he just has to take care of kids. I worry as he has no solicitor and surely he would be a fool to rely on his ex promises. He left the home to her. They were only married for 8 months (although together much longer). Are there any implications if we marry on any conditions of the divorce?

I do want to stay out of it but Im finding myself sucked in!!

  • gone1
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11 Dec 07 #8818 by gone1
Reply from gone1
Hi Pippa. This is a very common situation.

I would say it was foolish to rely on this womens promises. People often change there mind and get nasty when the other person starts cohabiting. I think it would be best to see a solicitor. 8 months is a very short marriage. With a short marriage you tend to come out with what you put in so he may be entitled to some of the house depending what he invested. But you havnt said so its hard to say.

He will have to pay child maint. Its 15% for 1st 20% for second etc. Chris

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11 Dec 07 #8819 by PippaF
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Hes gave her house ..kids need somewhere to live so I agree he was best to do that. And the child maintainence no probs. But id be a little vexed if he had to pay her money in the future if he was better off. Would my wages ever be looked at etc? Ive never been married so I dunno what goes on.

  • mike62
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11 Dec 07 #8821 by mike62
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Pippa - from what you describe, it is unlikely. The primary consideration is the housing needs of your partner's children, and ex. He has left her the house, so those needs are met.

She earns more than he does, so after he pays her maintenance she is in better state financially than he is. If there is a huge disparity between them, it may be that he could apply to HER for spousal maintenance.

Your income would only come into consideration if his ex was without a house or on a lower income than him. In that case, his needs are partially being met by living with you, so it could be argued that he should contribute more to her, to reduce the disparity. However, that does not seem to be the case here.

Either way, your partner needs to see a solicitor and get the finances sorted out. I would recommend mediation for him to agree a settlement with his ex, as it is the cheapest and most effective mechanism to resolve matters.

There is a great thread on here about mediation - link below:

www.wikivorce.com/joomla/Divorce-Forum/M...rough-mediation.html

It needs sorting before things degenerate any further - clearly it is having an impact on your relationship with him. Sadly, time to wake up and smell the coffee!

Best of luck pippa

Mike

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11 Dec 07 #8822 by PippaF
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thanks.....and..i was quite happy being single!!

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