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

01202 805020

Lines open: Monday to Friday 9am-5pm
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.


financial matters

  • alldone69
  • alldone69's Avatar Posted by
  • Elite Member
  • Elite Member
More
20 Jul 12 #344317 by alldone69
Topic started by alldone69
will try and keep it simple!!
stbx living rent free /council tax free, one bed flat, he on benefits due to illnes is not working and not likey to work again ever I live in fh pay mortg and all other bills, my name soley on deeds and mortg, i have 2 kiddies with me both at school aged 10 and 14, i have always worked, my family looked after children when i went back to work, he couldnt look after them due to illness, in and out of hospital, will i be expected to pay him spousal maintenance, i have offered lump sum of £16,000 so not to affect his benefits, oh and he has never paid me csa!! he gets legal aid, i dont, he is after the lump sum now, spousal maintenance and half of house, am now panicking, dont know what to do. form E filled out by me declared everything, am now waiting on his x

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 12 #344321 by maisymoos
Reply from maisymoos
You would need to provide more detail for someone to help here.
Length of marriage including cohabitation
Value of all assets eg. Equity, savings shares etc
Your respective incomes including beneftits
Pensions and their values

cSA would only be payable if your ex has an income.

  • alldone69
  • alldone69's Avatar Posted by
  • Elite Member
  • Elite Member
More
20 Jul 12 #344323 by alldone69
Reply from alldone69
15 years married, i yea co hab, no pension or savings on either side, equity, £70000, income me , £21,000, his benefits yearly £12,000 hope this helps

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 12 #344324 by cookie2
Reply from cookie2
alldone69 wrote:

he is after the lump sum now, spousal maintenance and half of house

He is living in a dream world.

Spousal maintenance relies on 2 factors, need and availability. He could probably claim the need, since he cannot work and has no income of his own. But on your income you certainly do not have enough disposable income to maintain him. He can forget about SM right now.

As for half the house, forget it too. You need the house for the kids. £16k is probably a good settlement for his interest in the house, I doubt he would get any more than that.

So yes I think your offer of £16k is as good as he''ll get.

  • alldone69
  • alldone69's Avatar Posted by
  • Elite Member
  • Elite Member
More
20 Jul 12 #344325 by alldone69
Reply from alldone69
i can get increase on mort of about £20,0000 this would pay his £16,0000 lump sum , i would use rest to pay for solicitors bill, but would i have to pay him spousal maintenance, its not my fault he cant work, or his even, just circumstances, how long would i have to keep him, dont like the idea of that after we are divorced x

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 12 #344326 by maisymoos
Reply from maisymoos
I agree with cookie regarding spousal support, but think he will probably have a good case for some of the equity, even if he has to wait til the children are 18 and the house sold to get a percentage, this is known as a messier order.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
20 Jul 12 #344327 by cookie2
Reply from cookie2
Remember the haway law, bloke gets 25%. 25% of £70k = £17.5k. So £16k is about right. Maybe you''ll have to haggle and be a bit flexible in order to come to an agreement out of court but this is certainly the right ball park figure. I would definitely not pay more than £20k.

Anyone with half a brain would take £16k now rather than a Mesher for 30, 40 or even 50% in 8 years time!

Spousal maintenance 0% chance.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11