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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.


Overpaid tax credits - notice to pay back

  • leanng
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28 Aug 12 #352343 by leanng
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Hi

you need to clarify with tax credit helpline wot period your overpayment is for and why it is overpaid. if you are not claiming as a couple, then overpayments cannot be taken from a single claim.

Who is claiming what from tax credits. is your ex claiming as a single person?

  • jslgb
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28 Aug 12 #352344 by jslgb
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Is your stbx aware of this overpayment?

My stbxh recently claimed he''d had a letter saying we owed x amount of tax credits in an overpayment. Tax credits have always gone into my account and i continued the claim in my own name. We did have an overpayment so we didnt claim after we married, and so i started a new claim after he left. However, not once have i received any information to say there is an overmpayment on any account.

Recently i have had to request an awful lot of information from tax credits about previous joint claims for other financial matters and not once have i been told about any overpayment!!

If your stbx isnt aware of the overpayment and she has continued the claim then i would assume it is most probably an error on HMRC''s part.

  • Stratocaster
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28 Aug 12 #352347 by Stratocaster
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The claim was as a couple, I informed HMRC that we are divorcing

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28 Aug 12 #352353 by rubytuesday
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Usual rule of thumb re tax credits is to advise after a change has happened, ie becoming a single parent, changing address, change of income etc - this is because they can''t activate any changes to your claim until the changes have taken place.

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28 Aug 12 #352354 by leanng
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i''m confused slightly.

when did you tell them you were no longer a couple?

it appears as though the joint claim has continued to be paid. And this would be correct if they were not informed at the time the joint claim should have come to an end.

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28 Aug 12 #352357 by Stratocaster
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I informed them of the divorce petition I sent in April this year, they asked if we were seperated I replied words to the effect that we had trouble in our marriage since 2008, but we still live in the same home. It appears they have taken this as confirmation that we were seperated since 2008. Even now we are not seperated but are in the divorce process which I beleive should go to a mediator before the courts get involved.

We have both lived in our home and take care of our children even though we are not on friendly terms.

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28 Aug 12 #352363 by jslgb
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So exactly how long have you been living separate lives? Does this include keeping finances separate and sleeping in different beds? Because for all intents and purposes this would be when you separated, living together or not i assume.

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