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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.


Occupation Rent, Decree Absolute & maintenance...

  • Salisburyeagle
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18 May 12 #331399 by Salisburyeagle
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Hi there,

I’ve got a few questions that I’m hoping will be relatively simple to answer. Grateful for any help!

- 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.

- If my stbx wants to apply for occupation rent through the courts would they need to provide a completed Financial E document? If they did would this need to include information such as pension or bonuses?

- Is occupation rent payable if the other party (who was the petitioner) left the house voluntarily and has not asked to return or been excluded from the property. There has been no issues of violence or threatening behaviour in the relationship.

- It has been 6 months since the Decree Nisi was granted. 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?

Many thanks for the help.

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18 May 12 #331415 by cookie2
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Salisburyeagle wrote:

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.

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.

If my stbx wants to apply for occupation rent through the courts

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.

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?

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.

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18 May 12 #331418 by Salisburyeagle
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Thanks for the reply. I''m confused as to why the Petitioner would block the Absolute. Could you give me some reasons or situations where this would happen?

Many thanks.

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18 May 12 #331419 by cookie2
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One example is if there is a pension that offers death benefits. Granting the Absolute may have financial consequences since you would no longer be a "spouse" legally. Hence the Petitioner would have grounds to block the absolute until a financial resolution is signed.

That''s just one example, there are many others.

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