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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.


advice sought on seperation and father rights

  • liberateddad
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08 Oct 12 #359817 by liberateddad
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  • LittleMrMike
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08 Oct 12 #359825 by LittleMrMike
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I think you will find that, if you have the children for part of the time, then you will not have to pay the full 20%, there will be a reduction to reflect your input.
There used to be a good calculator on the CSA website, I don''t know if it is still there but it''s worth looking.
As for the other 450 pounds a month, you would not have to pay that directly, but you may perhaps have to pay something on top of the child maintenance. This however depends on her needs and your ability to meet or contribute to them. Whatever happens you must be left with somewhere to live, and enough to meet your needs.
It would be well worth your while checking your wife''s benefit entitlement after divorce. If you separate this will have to be re-calculated and it can sometimes make a considerable difference - thus reducing your potential liability.
LMM

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08 Oct 12 #359875 by liberateddad
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08 Oct 12 #359903 by LittleMrMike
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Please excuse me if I seem a little blunt, it''s not intended to be disrespectful, honest, but I think you need to start asking some questions before you move out or do anything at all.
So if you''re sitting comfortably, then I''ll begin, as they say. My mother used to tell me that when that immortal question was asked, I at once replied with an enthusiastic yes.
1. You mention legal aid. That implies that your wife is on her uppers. I would want to know how much he is getting in
Income support
Child benefit
child maintenance ( assuming she gets the correct amount )
Tax credits ;
Whether the income support she gets includes any mortgage interest and if so, how much. I wouldn''t be surprised if she did ;
Council tax benefit
Free school meals if applicable.
Anything else.
2. If you are still living there, that is what she is getting now. How much would she get if you were separated ? ( almost certainly more )
You see, a Separation Agreement has to be preceded by a complete financial disclosure on both sides. Without that, the agreement is almost certain to be unenforceable.
3. I may be wrong, but on the basis of what you tell me I think your net take home pay is about £1500 per month. Am I right ? If I am anything like right you cannot possibly afford to pay 50% of your net income to your wife.
4. Why in tarnation should you have to pay towards a house if you do not live there ? I don''t think that a Court would order you to do that.
5. Your wife has already made a statement to you which you now know is inaccurate. So if this is inaccurate, why should you take anything else she says at face value ?
6. My guess is that the only solution that makes sense is likely to be that your wife will have to rent. The point is that she can get help with the rent through housing benefit.
I am sorry to be so blunt. But I think your case is difficult because there is just not enough income here to support two homes. Where this happens, the wife may have to resort to benefits and it''s then a matter of how you can maximise here benefits. You will have to pay something, to be sure, but I feel you can''t afford very much.
LMM

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14 Oct 12 #360958 by liberateddad
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