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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.


Spousal Support

  • Nomoremarried
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04 Aug 20 #513544 by Nomoremarried
Topic started by Nomoremarried
Ex is claiming spousal support. Does the fact that she's working full time and will receive in the region of £80,000 from the sale of matrimonial home (her half share) negate the need for spousal support.

  • hadenoughnow
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04 Aug 20 #513563 by hadenoughnow
Reply from hadenoughnow
Spousal maintenance is based on demonstrable need and the other party's ability to pay.
Without knowing a bit more about the financial details it is impossible to advise further.
As a general rule SM is falling out of favour.

Hadenoughnow

  • WYSPECIAL
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05 Aug 20 #513565 by WYSPECIAL
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On what basis do you think she is entitled to a half share of the matrimonial home?

A greater share of the assets should be considered before spousal maintenance.

Remember you don't own half each. Everything is in the pot. 50:50 is just a starting point.

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05 Aug 20 #513569 by Nomoremarried
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It's only what her, extortionate costing solicitor, is telling her. I know you can give her more for a Clean Break divorce. I saw something where it's 40% of my income less 50% of her income which works out about £160 a year. That's what expensive solicitors get you.!!!

  • solvethis84
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05 Aug 20 - 05 Aug 20 #513574 by solvethis84
Reply from solvethis84
I'm not sure about your calculations above, I haven't seen that formula before. It does sound like she's quite a high earner then, and she may struggle to prove a need for spousal maintenance.

If getting 50% of the property is a good deal to you, why don't you offer that with nominal spousal maintenance on top? In case that is enough to get the deal done? It might just be enough security to satisfy her incase you suddenly got a big pay rise and she lost her job.

Would you take on a mortgage with high enough monthly repayments to mean that if she applied to the courts again, you had enough committed outgoings to make SM out of the question?

This isn't advice by the way, I'm not qualified to give that. Just an idea.
Last edit: 05 Aug 20 by solvethis84.

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