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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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how long.....

  • sniffercat
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23 Jan 08 #11585 by sniffercat
Topic started by sniffercat
Have this week seen a sol about FMH, application for ancillary relief gone in to the ourts, just wondered if any of you know how long all this process takes if there are no hold-ups.

Also have six kids with ex, that live with him, two under 16 that stay alt w/ends and one night in week with me, he does not claim maintenance from me as it would upset his benefits but is there anything i can claim for the time that they spend with me as he is getting paid for time they are not with him. thanks

  • wscowell
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23 Jan 08 #11589 by wscowell
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In a word, no. If you were paying maintenance for those children, and you had them with you 53 nights a year or more, you would be able to reduce what you pay by one-seventh, two-sevenths if more than 103 nights and so on. But there is nothing availble that I know of in the way of benefits or otherwise for occasional visits to your home. Sorry to be the bringer of bad news.

Will C

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23 Jan 08 #11592 by Josh2008
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Probably best to 'ask' him to contribute as he's getting it anyway, worth a try if money is tight

  • Fiona
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23 Jan 08 #11653 by Fiona
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Good advice above, but the rules require a parent with care to make an application for CM if they find themselves on benefits???

The issue of NRPs who care for children some of the time not being eligible for benefits was raised at the European Courts of Justice a few years ago and was found to be discrimination. The UK government however decided the administration of paying tax credits on a pro rata basis was too difficult to implement.

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24 Jan 08 #11674 by wscowell
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And so we return to the original question - can she claim anything for the time the kids are with her? I don't think so. Yes of course the ex should be applying for CM, that's a given, but we don't know about her circumstances, whether there's already been an assessment etc.

Will C

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24 Jan 08 #11684 by Fiona
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Grr... Lost post!:angry:

I didn't word my last post well.

Agreed non-resident parents can't claim anything for the time the children are with them and if child maintenance was paid there would be a reduction for overnight stays.

My concern is not all the implications are understood when sniffercat (what a name!) said husband does not claim child support as it would affect his benefits although the rules require a parent with care to make an application for CM if they find themselves on benefits.

It's very hard for non-resident parents who find themselves in the position they have to scrimp and save, sometimes even going without food, so they can afford to have their children stay. My heart goes out to people in this situation. :(

  • IKNOWNOW
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24 Jan 08 #11707 by IKNOWNOW
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I think we need a few points clarifying before we can offer any sound advise, at present it is all a stab in the dark.

1) If your ex is claiming benefits, why are the CSA not involved? If you have been assessed already then what was the outcome?

2) You do not say what your financial position is; whether you are also on benefits or working? There may be benefits you are entitled to which you are not currently receiving.

People on here can advise on such matters, just need a bit more info.

Regards, Sarah

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