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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.

Providing support for child in further education.

  • Asist
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23 Jun 12 #338526 by Asist
Topic started by Asist
A close relative with learning disabilities has separated from his wife, I have agreed to help as much as I can but seek advice/guidance on his behalf. I will call him Brian and her Lil. They have a child (19) who is in full time further education. The house is mortgaged. Brian works full time. Lil works part time. Lil says that Brian can stay at the marital home 3 nights a week. Brian has nowhere else to live and is sofa surfing and therefore reluctantly staying in the marital home for the 3 nights. Brian would like to rent his own place with two bedrooms in order that should his 19 year old (will call her PB) ever wish to stay and so that he can start to get on with his life. Brian knows that he has a financial responsibility to PB whilst she is in full time education that extending to contributing to the marital home whilst she is in further education. I understand that time for support can be up to 5 years, is this true? What are the actual timescales. How is what Brian should contribute calculated? Brian can only contribute what he can and he will but at the same time it is only fair that he too has a roof over his head. If a calculation is made now, I believe that calculation would mean that Brian will never be in a position to have a place (rental) of his own. I hope that made sense but any help would be appreciated.

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23 Jun 12 #338535 by WYSPECIAL
Reply from WYSPECIAL
At 19 CSA is not payable.

Any maintenance to a former spouse or adult child would be based on need of recipient and affordability to pay.

Brians needs will come first. If he has learning difficulties he may even be entitled to SM.

You need to post more details reaaly about ages, incomes assets etc

  • Asist
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23 Jun 12 #338589 by Asist
Reply from Asist
Thank you for your response. I can not get hold of Brian at the moment, but as soon as I can I will post more details, it may not be until this evening so your patience is appreciated. What does entitled to ''SM'' mean please. Thank you again.

  • confused 101
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23 Jun 12 #338593 by confused 101
Reply from confused 101
SM = spousal maintenance. In that he may be entitled to support from his wife.

maintenance is not always man to woman.

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