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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.


Hardship? can I claim maintanance immediately

  • amefbi
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27 Jul 12 #345722 by amefbi
Topic started by amefbi
Im losing it..cannot handle this anymore..has to end now!!! Can I claim and receive maintanance to survive.

Waiting for Petition papers, he in mediation today, wants divorce. We both in FH and he has not been buying food for 5-6mths. Its affecting my current ill health. Upstairs toilet not working 6mths. I have walking problems only receive DLA £298. Wont give me any money for prescription monthly. Boiler broke and for 2years I had no hotwater of central heating..last year I applied for a grant via my DLA and could install new boiler. This year winter he will switch heating off when he enters the house. Im not allowed to use it at nights. Month ago my dog was bleeding from behind,abcess burst, for blood everywhere in house, he would not give me any money for vet, dog needed surgery. After 3 days I called him at work, crying that I was going to have to put the dog down because of him. That night he did pay the vet bill. Last week I registered tesco online and used his debit card to pay as I do have the info.
What can I do about getting any money to survive and how quick can this be done..He earns about £4000 per Month, our household bills is about £1500.

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27 Jul 12 #345725 by cookie2
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amefbi wrote:

Last week I registered tesco online and used his debit card to pay as I do have the info.

Don''t do this. It is illegal.

What can I do about getting any money to survive

You should apply for maintenance pending suit ASAP. You should also see a solicitor, presumably you would get legal aid. Even if not, you can have a free half hour with a solicitor who can tell you all about MPS.

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27 Jul 12 #345742 by amefbi
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Thanks for replying.
I meant to say last week I used tesco online 1st time to buy groceries, only spend £50 for few items.
He registered himself about 5yrs ago, when I became dissabled and difficulty walking so I(we) could do it this way..but we never did.

I have appointment in Aug with solicitor for legal help approval.

  • LittleMrMike
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27 Jul 12 #345765 by LittleMrMike
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Cookie is quite correct, you can apply for MPS but I would also advise that you review your entitlement to benefit as a matter of urgency.

You would not get income support or JSA when you are living with a man with your husband''s income. Now that he has gone, you should be entitled to claim.

See a CAB and without delay. Benefit cannot normally be back dated. Get your claim i absolutely a.s.a.p.

LMM

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27 Jul 12 #345772 by amefbi
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Problem is we are still living in same house, seperate bedrooms, I did claim E&S support 2yrs ago but was declined, I have been trying to get out of this mess but cant support myself. 3mths ago I tried special circumstances with E&S, no reply.

In all honesty and no offence to anybody but my personal view on ''''benifits''''. I will do anything in my power not to be on benifits. His attitude ..he wont give me a pennie I can get free house and free everything..why should he pay.

My attitude is why should Goverment of other people work to support me...he should and is in the position to do so.

Unfotunately I will have to get support and did give them a call this week again, they will get back to me.

He does think he is above the Law and untouchable, his attitude is that nobody will or can worse him to give me any money. I said he can go to jail, his attitude is its fine an how can I get money from him if he is not working.

I really believe he is mental and needs to be instituted. No one in his right mind will treat another human being this way.

Thanks for the reply, it does help to get some off my chest...and mind if I can talk about this

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27 Jul 12 #345778 by LittleMrMike
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I know, it is hard to persuade the DHSS that you are living separately when under the same roof. But I wouldn''t say it was impossible ; a CAB should be able to help. The fact that you are divorcing will show that you are not really living as a couple any more.

LMM

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28 Jul 12 #345784 by amefbi
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He applied for Divorce in 2008, but dropped this.I have these documents and now want divorce again. The DHSS can visit my home and see the living conditions. All our belongings in seperate rooms, each own TV, seperate washing baskets,his expensive new clothes and mine worn old and discoloured.

I battled for 2yrs to get DLA, because of all the problems with fraud.I have so many med reports and info, many Atos medicals and many fights.I appealed as I knew a Medical DOCTOR and others would decide in my favor, instead of a nurse and person ticking boxes,now receiving £298 for 6mths. Have been disabled since 2006 and had no intentions of claiming any benifits as I feel so strong about being ''''on benifits''''..but then the divorce papers in 2008 and no money I had no other choice. In 2009 I tried to claim for E&S and DLA. Its 2012 and still ongoing.

I became so depressed and housebound(my room)lost my confidence,feeling worthless and waste of space. I have no friends or family to support me and only leave my house for doctors appointments.I have decided to standup and fight for my survival and my confidence is better. I dont want refenge or be the ''''winner'', I just want a fair deal and that both of us can go on with our seperate lives.

English is not my Mother tong and I dont always find the correct words to express myself.

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