A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Sorting finances

  • scaryspice
  • scaryspice's Avatar Posted by
  • Elite Member
  • Elite Member
More
29 May 12 #333662 by scaryspice
Topic started by scaryspice
Hi all ,
can anyone tell me how long I can hold out before the finances are sorted .
I have filed for divorce but have not had a reply yet.
At the moment i am happy with the way things are .
He is paying 60% towards monthly outgoings .
My sol has suggested to go for Clean Break and not ask for spousal maintenance ,so I will be worse off - 2 kids so only be getting CM.
He left 6 months ago and is living in his girlfriends house but also rents a flat so the kids can visit.
Thanks

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
29 May 12 #333664 by LittleMrMike
Reply from LittleMrMike
Really, nobody could answer this without knowing your circumstances.

If you are in immediate financial difficulties ( which, from your post, does not seem to be the case ) you could ask for maintenance pending suit.

And, as always, I recommend you review your benefits, especially tax credits, following your separation.

LMM

  • scaryspice
  • scaryspice's Avatar Posted by
  • Elite Member
  • Elite Member
More
29 May 12 #333666 by scaryspice
Reply from scaryspice
I didn''t realise I could do that until the finances were sorted as the circumstances may change at any point .
No I am not in any financial difficulty - he is !
That is why i want to keep it as it is at the moment .
His net monthly income is £3ooo , mine is £1800 , he decided with his Dads input that for the moment he would pay 60% towards outgoings .Although that just pays the bills ,not anything for the kids .
We were married 18 yrs,together 25 .
What else do you need to know ?

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
29 May 12 #333670 by LittleMrMike
Reply from LittleMrMike
In view of what you say, MPS seems like an avenue which is not worth pursuing just now but as you say circumstances can change.

You say you have petitioned for divorce and, I assume, made a claim for a financial order either in the Petition or Form A or more likely both.

I don''t know how long this takes ; but I see you have a solicitor, and he would know your local courts better than I do and should be able to give you some idea.

LMM

  • scaryspice
  • scaryspice's Avatar Posted by
  • Elite Member
  • Elite Member
More
29 May 12 #333673 by scaryspice
Reply from scaryspice
Thanks LMM ,
no we didn''t make a claim for financial order , only contact .
I was really wondering if you have to have the finances sorted before the Absolute or not ?

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
29 May 12 #333685 by cookie2
Reply from cookie2
You don''t HAVE to have the finances sorted before Absolute. But in some circumstances it may be disadvantageous for it to be granted before the financials are sorted.

As for your original question, how long can you go without changing the status quo, well the answer is until a court orders otherwise. But if he stops paying voluntarily, then what will you do? You will not have any court orders or maintenance orders so you won''t be able to do much, other than start the process off right form the beginning... meanwhile you have no maintenance income.

  • scaryspice
  • scaryspice's Avatar Posted by
  • Elite Member
  • Elite Member
More
29 May 12 #333742 by scaryspice
Reply from scaryspice
OK - understood
If he stops paying and therefore is not contributing to mortgage or CM - is that in my favour or does it not make any difference?
As you can tell I have no idea what is going on here and my mind is in a complete muddle.
If he stops paying ,I can manage anyway as I said , I''m not going for SM.I want to be rid of him eventually and stand on my own 2 feet .But for the moment enjoying the extra income he is giving me .

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11