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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.


Financial order

  • Dave971
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14 Oct 12 #360889 by Dave971
Topic started by Dave971
Hi all,
I have now been separated from my wife for 2 years and live with our daughter in the matrimonial home who I have residence of. I''m now currently filling in a financial statement (form E). One of the questions in this form asks about your partners income. My partner has lived with me for a year now and doesn''t want her financial information disclosed. My partner does not work but does receive child benefit for her three children that live with us and tax credits for her three children and for mine. I have two questions, one is do I have to disclose my partners financial side (ie tax credits/ child benefit). The second question is in the form it asks if I recieve benefits, I have answered I recieve child benefit but I have not said I recieve tax credit because my partner has always recieved this for the past year in her own bank account, am I correct to do that? If not should I be disclosing what tax credits my child gets or the whole amount that my partner gets for her three children and my child?

Regards,

Scott

  • dukey
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14 Oct 12 #360894 by dukey
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The court need to know what your income is, i suggest you work out what tax credits you have for your child and include that.

What your partner has in terms of income is far less important, i would suggest some thing like, my partner of one year does not work and receives benefits, child maintenance for her children, i would leave it at that.

  • SilverFir
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14 Oct 12 #360906 by SilverFir
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I''ve had a similar dilemma, completing form E, as I am the wage-earner and all benefits are paid to my partner who is the stay-at-home Dad to our disabled son.

I''ve ended up listing the benefits twice.

In Q2.18, I''ve said that my income includes NO state benefits, but that the following benefits are in payment to my partner and are listed for information only (CB, CTC & Carers). I totalled the question as 0.00.

Then in Q4.6 I have listed the benefits as my partner''s income, and have totalled them under that question.

It may be an unconventional solution. But I''m trying to make the point that if the benefits were payable to me, then I wouldn''t have any earned income - I''d be a single mum having to stay home and look after my son myself, and my needs would be be much higher.

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