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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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spousal maintenance - what am i entitled to?

  • preacherman
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10 Jul 07 #1275 by preacherman
Topic started by preacherman
Hi,

I hope someone can help me. My wife left me for another man last year and is living with him, and has now decided that she wants to stop paying money to our joint account; this covers the mortgage and stuff. I work part time but she's got a good job and gets paid quite well. we don't have children. Am i entitled to spousal maintenance?

She's also threatening to sell the house; is she allowed to do this?

  • Princess Fiona
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10 Jul 07 #1279 by Princess Fiona
Reply from Princess Fiona
If the house isn't in joint names you should register your marital rights. If her not contributing to the mortgage is causing real hardship you could apply for 'maintenance pending suit' as a stop gap until final settlement has been agreed.

Whether or not spousal maintenance is likely to be awarded usually depends on the needs of one party and the ability to pay of the other. In cases where there are substantial amounts involved the emphasis moves from need to fair sharing. Generally the higher the capital division is in favour of someone the less need there is for SM. I

Sorry, it's very difficult to be specific because judges have a lot of discretion, but as a very rough idea years ago Lord Denning suggested a rule of thumb that SM should be awarded if one party's income was less than a third of the total of joint incomes. Earning capacity is also relevant.

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10 Jul 07 #1283 by preacherman
Reply from preacherman
Thank you Fiona,

Perhaps someone can explain what is meant by 'earning capacity', it seems very ambiguous.

My income is slightly less than a third of total income, but could I be forced to get a second job?

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10 Jul 07 #1285 by Princess Fiona
Reply from Princess Fiona
The short answer is no you can't be forced to get a job, but the courts could 'expect' you to work more hours and make a judgment based on this.

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