- Posts: 7
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It''s not such a simple formula, it''s the overall circumstances that are taken into consideration. However if both spouses are employed and have sufficient salary to meet their respective needs, and there are no children, a Clean Break is usually the outcome, and disparity in earning is not particularly relevant.
What would be considered to be enough disparity in income for maintenance to be a relevant issue. No children and relative incomes are £45k & £39k.
You can forget about "occupational rent", this is extremely unlikely to happen. Generally it is considered "fair" that the party who remains in the house pays the other party''s share of the mortgage in lieu of rent.
If my stbx wants to apply for occupation rent through the courts
If your spouse has grounds to block the absolute and has done so, then your application for absolute will fail, and you may get hit with a costs order. If your spouse has not blocked the absolute then your application will probably succeed. It is not is matter off chance or "likely", it is a matter of the circumstances and facts.
As Respondant how likely is it that I will be able to get the Absolute granted, especially considering there is no consent order in place yet?