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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.

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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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any advice please!!!!!

  • cyberchick
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  • New Member
19 Jan 08 #11118 by cyberchick
Topic started by cyberchick
My boyfriend has been separated from his wife for 18 months although he still pays the mortgage on their home, her mobile phone bill and leisure activities etc she pays the utility bills only and at the moment she doesn't let him have regular access to his children, he rents his own flat and is really struggling to be able to pay the rent on his flat as well as everything else, they both agree they need to sell their home but she is being difficult about it, where would he stand in the eyes of courts would they make him continue to pay for the house and everything else and not be able to live himself? At the moment he's not paying maintenance as such but his wife spends money from their joint account regularly and the 2 children do not go without anything, he is willing to pay her maintenance once they've sold the house of £500 at least he'll more than likely pay more so his children don't go without but where does he stand at the moment? Any advice please!!!!

  • mike62
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19 Jan 08 #11119 by mike62
Reply from mike62
Hi cyberchick,

You need to post a lot more information to let someone give you an appraisal of his circumstances.

How long married
How old children
What does he / his wife earn (nett of tax and NI)
How much equity in house
How much is house worth
Any significant assets over £500
Any debts
Any pensions
What is rent on his flat
Are you co-habiting with him in his flat?
What benefits is his wife claiming

Someone will be able to tell you what he should be paying in child maintenance and spousal maintenance.

In the eyes of the law, the housing needs of his children are paramount and, depending on circumstances, his wife may be permitted to remain in the family home. However, the law also accepts that he has housing needs too.

Post some more information and someone will give you an idea of what is reasonable

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