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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.


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  • Argonaut
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29 Sep 12 #358469 by Argonaut
Topic started by Argonaut
Hello,
My STBX and I separated on 17 May 2012 and I have just received the Notice of Proceedings from the court. She is not being represented by a sol. In the divorce petition she states I am working, but am now unemployed. In part 5 The Facts she states the marriage has broken down irretrievably.In part 6 she states emotional, physical, psychological abuse, see three sheets attached. In part 10 she wants respondent to pay costs, periodical payments order and pension sharing.
Questions:
1.What wording do I use on the AOS as I am not contesting but do not agree with her version of events.
2. As I am now unemployed, can I get assistance with the costs.
3.Will she be entitled to periodical payments even though she has a degree in Criminology, will soon be a qualified level 3 teaching assistant and I have taken on all the joint debts when her and I separated.
Thank you look forward to a reply.

  • TBagpuss
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02 Oct 12 #358879 by TBagpuss
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1. In the question which asks whether you intend to defend the divorce, say "No, but I do not accept the trusth of all of the allegations or that my behviour was the main or only reason for the break down of the marriga " (Or words to that effect. If you want to go into more detail on a supplemental sheet of paper you can, although from a legal point of view there is no need to do so) You can also object to paying costs citing your current unemployment, and askjing that any claim for costs is limited to [50%] of court fees, as she she does not have a solicitor.

2. If you are cliaming Income Based JSa you are likely to be eligable for Legal Help (basic legal aid) if you are cliaming Contributions Based JSA then you may be eligable, but there is a means test

3. It depends on what your respective finacial positions are over all. There is no automatic entitlement for either of you to get periodical payments. Each of you is entitled to apply for them. If you are unemplyed it is unlikely that she will be entitled to maintenace now (save for any children) but if your over all earning capacity is higher than her it is possible that maintenace may be appropriate at a nominal level with a view to this increasing once you are working again.

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02 Oct 12 #358953 by Argonaut
Reply from Argonaut
Item 3. If she wants maintenance for herself (here are no children) will she have to apply separately for this in another proceeding? At the moment I am a level 3 teaching assistant, as she will soon be. So we are on equal terms there. However, I was an aircraft engineer, made redundant from my last job in that field in June 2009, where my basic salary was £32,000 per year before tax. STBX says I could go back to that wage any time I wish. Do I have anything to worry about in that regard? Would I have to prove I am not going back to that industry because of the stress, associated depression, instability (I was laid off 3 times), I have sold all my tools, I am no longer current any any of the aircraft types I once worked on.

Thank you

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