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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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  • fee
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16 Mar 08 #16923 by fee
Topic started by fee
:Si am the respondent in divorce residing in scotland divorce going through in england.nothing sorted regarding financial matters ie pension sharing,equity in house.have given my consent to the divorce which can go through at end of month very confused as i thought the financial stuff would haveto be sorted out first it seems this is not the case.nobody locally can advise me children as the law is so different.any advice would be helpful.:(

  • mike62
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16 Mar 08 #16924 by mike62
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Fee,

Welcome to Wikivorce.

Consent to divorce, but as soon as Decree Nisi is granted, apply for anicillary relief BEFORE Decree Absolute granted.

See Wikivorce step- by - step divorce guide (Resources menu above)

As to children - need to know length of marriage, age and number of children, whether children still in full tine education, your income, his income, your pension, his pension, value of home, outstanding mortgage, any debt (marital or personal), any significant assets over £500.

He is obliged to pay child mainntenance until your children are 18 or 19 if in full time education. Even after that kids can claim directly from him till they complete education.

Rate of child mainenance is 15% of nett income (after tax, NI and pension) for first child, rising to 20% for 2 and 25% for 3 or more children. Depending on yours and his incomes, he may need to pay you maintenance to top up your income too.

Hope this helps - post up some more info and someone will give you an idea of what to expect.

Mike

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16 Mar 08 #16927 by fee
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hi ,
married 12 years 2 children (14,16)equity from house sale £80000approx i am working didnt work in marriage years .i earn approx £500a month x earns approx £4500a month.he pays £600of rent and 600 into what was joint bank account.rent and council tax £1100a month.getting into financial difficulty as children used to a great lifestyle and i am trying to keep this up!i have no pension he has one cashed in endowment as he gave me no choice.any advice welcome.THANKS.:S

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16 Mar 08 #16940 by mike62
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fee,
You have to reign in spending on the kids. This is a life changing time and any unnecessary spending is simply not an option. You don't know where the next £1 is coming from. And you don't know when.

Are you getting working Tax credits? Any help with housing benefit? Have you checked on the 'enititledto' web site to make sure you are claiming everything you are entitled to claim?

Given the disparity in your incomes and the fact that you haven't worked during the marriage, I think it is likely that he will have to pay spousal maintenance for you too.

Is the 4500 a month figure his gross or nett income? If it is gross, his child maintenance is probably about right.

What stage are you at in proceedings? Have you got the Decree Nisi? If so, when was it issued? Have you applied for ancillary relief?

So many questions - sorry!

Mike

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16 Mar 08 #16950 by fee
Reply from fee
Thanks for your help,

His payments are from his wage after tax etc.He gets a few bonuses a year approx £5000 each.i do receive tax credits: w tax and ctax.i dont get help with rent.Decree Nisi was on the 12 of feb.i have been waiting to hear from his solicitors regarding finances. . .. .i guess not going to happen.very frustated as i have tried for two years with my scottish solicitor to sort out the finances.tbx has never produced a wage slip or come up with a proper pension figure.had a brief chat with an english solicitor who recommmended i consent to divorce,as tbx would more than likely go the road of unreasonable behaviour and i would be liable for the costs.surely his ignoring of the past two years correspondence and the fact that has got me into debt matters?

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