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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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Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Support for children in further education

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18 Jan 08 #11055 by rosee
Topic started by rosee
I have been divorced for 12 years. I have had custody of our two children who are now aged 15 and 18. Their father stopped the maintenance payments the minute my daughter turned 18. She is currently undergoing a Foundation course in Performing Arts which I am funding. I am also funding her living costs. I pleaded with my ex to continue the maintenance or support her directly. He refused. I also begged him to share the cost of the course fees. He refused. He is the MD of a successful company. I work full-time. I have re-married but my new husband earns less than I do and a lot less than my ex. I pay half of all the current household expenses. I have started a claim for Ancillary Relief. No Consent Order was agreed at the time of the divorce. Am I doing the right thing? He disagrees with her going on the course and refuses to pay. Do you think I will win the dispute?

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18 Jan 08 #11057 by mike62
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Rosee,

Welcome to Wikivorce.

Child support is payable up to your daughter's 19th birthday if she is in full time education.

What options do you have? You have been the Parent With Care for a long time, so in his absence have agreed to support your daughter's decision.

Will the AR end up costing you more than the benefit that you might get for your daughter? Tough question - How big an issue would ex make of it, and how much would he fight it? Court can be very costly.

But then there is the point of principle - it is his daughter's wish to do the course. Why shouldn't he contribute?

I would be inclined to speak with a sol and see how much they think it would cost - best case and worst case. Then gauge whether you feel it is financially right to pursue it.

Morally, no question. But don't shoot yourself in the foot financially.

Best of luck

Mike

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18 Jan 08 #11059 by Fiona
Reply from Fiona
Under schedule 1 Children Act 1989 over 18's in education and training may apply to court for maintenance from separated parents in their own right and your daughter would be entitled to legal aid.

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18 Jan 08 #11061 by Vail
Reply from Vail
Rosee,

There appears to be an unusual gestation period involved in your marriage. Is this correct?

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18 Jan 08 #11074 by rosee
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It's true we have been divorced along time. I have let things carry on informally since my ex has never missed a monthly payment. It's only now that I think he is being unreasonable that I am taking action. A date is already set for the hearing. The whole thing will cost me about £2500 but, if I win, I get all the maintenance payments back dated plus the lump sum contribution I require. Also I have requested that he repay all my legal costs. Not only that i get to see his exact financial circumstances which I currently do not know. I guess I have got the jitters a bit in case I lose but I am committed now and I am proceeding on a matter of principle. I just wondered if anyone had been through this before?

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18 Jan 08 #11102 by sexysadie
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I think what is puzzling Vail is that your children both seem to have been conceived after the end of your marriage, if you have given the length of time since divorce and their ages correctly.

Sadie

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19 Jan 08 #11123 by rosee
Reply from rosee
Freudian slip maybe. Thinking I was divorced from the start of the marriage. Sorry for the confusion. We married in 1984 and divorced in 1995. The children are ages 18 and 15. He is still supporting the 15 year old. He has also remarried and has two children aged 7 and 5. We all used to get on so well until this shock move to withdraw all support for the 18 year old. Also over the years he has never contributed any extra above the maintenance i.e for school trips, dancing classes, swimming lessons, all the necessary kit for hobbies. It never used to bother me until now.

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