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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.


Final hearing help

  • poppylee
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29 Jun 12 #339825 by poppylee
Topic started by poppylee
i have a final hearing on the 11 july of this year and my x is a nightmare.

it was agreed at the last hearing that there would be a 70 30 split in my favour and that he would continue to make 350 pound payments to the children. i contested against the decision as he has already expressed that he may not be able to continue payments as after 25 years of the same job he now is saying that his job may not be secure.

so i wanted to indemnify him of his periodical payments and collect 90 percent from the sale proceeds and the endownment and give him 10 percent and indemnify him.

he of course said no and want 50 50

he was supposed to surrender the endownmne tin march not been done and now is fabricationg allegations of all kinds

the house was sold as it was agreed and now we await to hear of the share

please help me
!!
good advice would be most welcome.

.x

  • maisymoos
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29 Jun 12 #339827 by maisymoos
Reply from maisymoos
For anyone to comment more detail would really be needed.

Length of marriage including cohabitation
Number of children and ages
Assets
Debts
Pensions
Respective Incomes including benefits.

Is the £350 child maintenance? What would yu be entitled to via the CSA (use their online calulator to check.)

  • poppylee
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29 Jun 12 #339850 by poppylee
Reply from poppylee
i have two children
was married for 14 years
i found my ex to be having sex with my younger sister who later claimed to have been sexually abused for 14 years i lost my whole family on the basis of honour as if word came out then she would not be marital material

my two children are aged 11 and 10 the youngest has special needs

debts we have are more than 5000

no real assetts at all

he did not get access to the children as he said to be at risk and has no contact for the children .x

bless my children
i am not co habitating either and have no intentions to .

hope this is ok

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29 Jun 12 #339854 by cookie2
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poppylee wrote:

so i wanted to indemnify him of his periodical payments and collect 90 percent from the sale proceeds and the endownment and give him 10 percent and indemnify him.

Lets call a spade a spade. You didn''t want to "indemnify him"... you wanted to be paid in advance to protect yourself against him losing his job.

Capitalization of spousal and/or child maintenance is almost always done on a voluntary basis. A court would never order this kind of decision.

Especially the child benefit. After 12 months you could start claiming it through the CSA anyway, even after you do get your 90%.

I am not surprised he disagreed!!!

I think you''re best off to agree with the 70/30 split and £350 maintenance.

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29 Jun 12 #339890 by poppylee
Reply from poppylee
well he has not contributed towards the mortgage for the last 4 years so i am in my rights to secure payments and the judge at the last hearing did say that i she was in favour of my request

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29 Jun 12 #339895 by cookie2
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poppylee wrote:

i am in my rights to secure payments

No, you''re not.

the judge at the last hearing did say that i she was in favour of my request

I thought the judge at the last hearing suggested a 70/30 split?

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29 Jun 12 #339901 by poppylee
Reply from poppylee
yes in addition to the periodical payments which i am trying to secure

so what are my rights then ??

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