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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.


Do you need help sorting out a fair financial settlement?

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.


Salary Advice

  • fatherted
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22 Jan 08 #11434 by fatherted
Topic started by fatherted
Hi All,

We have agreed to be amicable and sit down to work out finances. I have a limited company and receive a monthly salary (£950). I then pay myself a dividend on a 3 monthly basis. This will cover mortgage repayments while the salary will cover bills, food, etc.

My stbx have agreed that I should pay £350 pm for my children (4, 6, 10). This is on top of her maintenance that will cover all of her bills and spending money. She will have no mortgage to pay.

My s2bx has shown me a letter from her solicitor – ‘...maintenance for the boys to not just about providing food and clothing, but also accommodation. £350 in nowhere near enough based on what I anticipate your husband’s salary to be’.

I’m fuming at this! Her settlement means that all of her bills are taken care of, she will have no mortgage and then the kids money on top of that.

Does my salary mean the actual salary I get paid or salary plus any dividends as well. This can be very variable depending on how the company is doing. If I don’t work I do not get paid, will that fact be taken into account?

S2bx also suggests that we only use her solicitor in order to save cost’s, but I’m suddenly feeling very exposed.

Any advice will be greatly received.

Thanks

  • Specialdad
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22 Jan 08 #11437 by Specialdad
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Take all your annual income including salary and dividends.

Lets say your total income is £60,000 then for the three children you should pay 25% which equals £15,000 or £1,250 a month.

That should be acceptable to the courts.

  • mike62
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22 Jan 08 #11440 by mike62
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FatherTed,
For salary, read income. Yes, your dividends count towards your income.

I too would be a little dubious about just using her solicitor. Amicable can turn to nasty at the drop of a hat in my experience.

Your figures suggest that this is a fair figure for the child maintenance 36% of salary - far more than CSA (3 children = 25%).

Think she is being a teensy weensy bit greedy.

Set Mrs Doyle on her! ;)

Best of luck

Mike

  • Monitor441
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22 Jan 08 #11444 by Monitor441
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Ted

And don't forget CSA is 25% of net income after Tax, NI and Pension contribution for the kids

Get yourself a lawyer as you are going to get shafted otherwise.

When I split with my ex2b, we both had to do a list of expenses so that we could see what was required per month. This includes everything down to cosmetics and nights out on the lash! It was difficult for me to do mine as I hadn't moved out thenbut I used her figures alot as we are sharing the care of the kids 50/50.

Get your ex2b to do this as well as your self and see what her real cost are. Then take her income including CB and WFTC and deduct the income from the expenses and the outstanding is what you should pay her in SM and CM. When you stop paying SM then the kids payment is 25% of your net income

I hope this helps

Mon

  • fatherted
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22 Jan 08 #11452 by fatherted
Reply from fatherted
Thanks for all the responses!

We have already agreed that her maintence (bills, council tax, food, you name it!) will be £1000. Another £1250 for the kids as well would be over £2000 per month. She will no have a mortgage to pay, but still have £2000 per month!
She has a salary from my company of £400 pm and a pension of £400 pm

Do I assume that her maintenance should come right down then?

Mrs Doyle, more like Father Jack!

Thanks

  • Josh2008
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22 Jan 08 #11454 by Josh2008
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I think what the sol is probably getting at is the 'mortgage' you are paying

Whilst you say she will have no mortgage to pay, you are indicating that you will pay that, but who is benefiting from it in the long run

Are you expecting to have all of the equity on the FMH once things are sorted?

Don't blame your wife for seeking sol help it's natural for her to understand what she maybe entitled to.

If you were to seek advice from another sol you would find they will only act in your best interests and thus you may find a solution

Also you don't say if she is working or could work to help support the children and herself, needs looking at

  • fatherted
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22 Jan 08 #11463 by fatherted
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Once we sell the family home we will walk away with 50-50 equity. We both can easily buy a 4 bed house each on the profits so both of us will not have a mortgage.

She works as my companies PA and we had agreed to keep that going so she has £400 pm with a £400 pm pension.
We then agreed to run her house (bills, food, etc) it would be another £700 giving a total incoming to her of £1100. We then decided on another £350 each month for my kids which means she would get £1450 pm from me along with a £400 pension.

If the solicitor now wants me to give £1000 – 1250 pm for the kids instead of £350 and s2bx still wants £1100 for herself that makes the total pm over £2000!!!! £2000 pm with no mortgage to pay sounds mad to me.

What should the kids maintenance cover exactly? I’m I being too generous with her maintenance?

Thanks again!

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