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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.

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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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Nominal Maintenance Order

  • rebster
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05 Jul 07 #1178 by rebster
Topic started by rebster
I have pretty much agreed financials with my ex. In effect she is getting all the equity in the house and I am paying the csa amount for the children plus a little extra. In return I have requested no claim on future earnings, pension and equity (which are all at risk in their nature). There is no spousal maintenance as she is planning to live with her new bloke. We are both happy with this split.

However my solicitor mentioned that the court may award a nominal maintenance order (5p per year) so that the ex could have a claim my against income until my son is 18 (he is currently 10). I assume this means that she could apply to the court to vary that part of the order in the future if her circumstances were such that it was necessary.

1. Based on the agreement above (she is getting a substantial lump sum and payment for the children) how likely is this to occur.

2. If the court were to award this is there anything I can/should do.

Thanks in advance.

  • Princess Fiona
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05 Jul 07 #1182 by Princess Fiona
Reply from Princess Fiona
Whatever the settlement it seems routine in some areas for courts to award nominal SM until the youngest child is 18 so, as you rightly said, there is protection should your ex hit hard times in the future. If this is the case there's really not much you can do or say other than ensure it's time limited and keep you fingers crossed there is no major change in circumstances.

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