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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.


Maintenance Pending Suit

  • InnerPeace
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18 Sep 12 #356623 by InnerPeace
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Hi, my stbx left the property in June 2012, since August 2012, he hasnt been paying anything. No child maintenance, no mortgage, no nursery fee etc.
I have contacted CSA and am waiting for their reply.
I have been paying my mortgage of £1120 per month and my child''s private nursery fee of approx £624 per month.
Mortgage is in both our name.
I am respondent in divorce, we havent started the financial aspect, we are both contractor and his take home is £125000 pa. Mine is lesser than him but I dont qualify for legal aid as my salary is 77K approx.
He know I can pay mortgage and nursery therefore he is completely not paying any amount. Our relationship is acrimonious.
I feel so fed-up of him and I honestly dont know what i qualify for under finance help, also i am happy to just agree with 50-50, as long as he agrees to take 50% of his parental responsibility for our daughter financially. We had agreed we will send her to private school and she starts her school next year, i have email from him 2 months ago saying he will, but now i dont know, he has taken 360 degree turns on so many stuff, i dont know what he will agree to? Can I take his email as a proof in court incase he takes another 360 degree turn for childs education?
Please let me know what are my financial option. I have interim residence of my child which he is contesting to shared residence BUT he wants me to be the day to day carer for my child, which I am.

Any thoughts please?

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20 Sep 12 #356913 by InnerPeace
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bump :(

  • .Charles
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20 Sep 12 #356935 by .Charles
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If you can afford to meet the bills it is unlikely that a MPS application would succeed.

If you want the finances resolved, you should make an application to the court.

The issue of private education rather depends upon the position of both parties, the previous level of education, the suitability and needs of the child/ren in question and the affordability of ongoing education. The email you have can be used in evidence but is unlikely to be binding in isolation.

Residence is a key issue in finances as children need to be provided for first. However, it unless you each carry a lot of debt, it doesn''t sound as though yours is a ''needs-based'' case. The income figures you use suggests that you have the wherewithal to each rehouse adequately.

Charles

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21 Sep 12 #357102 by InnerPeace
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thanks charles

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