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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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divorced but still confuised on where we stand

  • skits
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08 Feb 08 #13304 by skits
Topic started by skits
hi

my partner and i have been dating for 2 years, he as been divorced 3 years and as one child of 10 years old.

when they divorced he gave the entire house valued at 178,000 pounds which she sold and bought another house for her and the child to live in

he was able to keep his full pension as she agreed she would have the full house

his pension was worth at the time 100,000 but due to medical reasons (on going depresion) he as been medically retired by his company and his pension is now worth a lot less

is his ex wife still entillted to child maitinece as she wanted a Clean Break and a lump sum (money from the house)

they both have joint custody but his ex wont let him see his child? without going through her solicitor and drawing up a time table. is she able to do this as i thought joint custody ment they would share the child either 30/70 or 50/50 the child lives full time with the ex as she wont let him stay at ours?

any advise please

  • mike62
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08 Feb 08 #13308 by mike62
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Skits,
child maintenance is a mandatory requirement and cannot be incorporated as part of a Clean Break agreement. THe clean break relates to the division of assets and any spousal maintenance that may have been due.

child maintenance is administered by CSA and for 1 child it is 15% of nett (post Tax, NI and pension) income. THis is payable until the child reaches 18 years or 19 in full time education.

'Custody' is no longer used in the context of childcare arrangements. It is now known as a residency order.

Childcare arrangement can often be contentious and quite wrongly some parents use the children as weapons against each other.

What childcare arrangement was incorporated in his divorce exactly?

Post up some more info and someone will advise

Mike

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08 Feb 08 #13328 by Fiona
Reply from Fiona
Often disputes about contact are about times, length of visit, holidays, etc and not about contact per se. The best way to resolve them is through mediation if at all possible, although negotiating through sols can work too.

  • Elle
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09 Feb 08 #13332 by Elle
Reply from Elle
Skits,
|s wot ur saying set in a formal agreement or the wording of an informal arrangement? This will make a difference and the more experienced members can give u lots of advice if you provide firther info
Elle

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