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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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Spouse maintanance

  • 1957
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21 Aug 07 #2226 by 1957
Topic started by 1957
Dear all,

I'm new on the site and really need advice.
I only met up yesterday with my ex-husband to be and we were discussing the future child maintenance (baby due on 03.02.08) and my maintenance support. My spouse is so convinced that he does not have to pay me anything apart from the child maintenance. The situation will be for me that from December on I won't have any income due to maternity for about a year +, and I need to rely on financial support.
As he is earning plenty, staying in the house which is half still in my name I do believe that he will have to be financially responsible.
Can you please tell me if that is correct?
Also where can I get this confirmed so I can get back to him with some sort of figure?
I'm really desperate as time is running out.
Any advice will do

Loveliest regards

  • Louise11
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21 Aug 07 #2228 by Louise11
Reply from Louise11
Hi Franziska,

Welcome to the site. :)

I think You really need to put a little bit more information on here for someone to tell you what a likely outcome would be in your case. i.e. what he earns, what you earn, how much house is worth ect, ect.
He is living in cloud cuckoo land if he thinks he just has to hand over child maintenance and hey presto its over.:silly:
Dont worry or fret, now you have found this site someone will always help you out with answers.

Kind ones

  • kilkee
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22 Aug 07 #2254 by kilkee
Reply from kilkee
Hi Franziska,

I am going through the same situation as you at the moment (although our child is now 3). My husband left me and is now seeing someone else. I am in the marital home and I am told that he cannot force me out. There is child maintenance which is 15% of his net salary plus entitlements to bonus'/ pensions etc. Then there is spousal maintenance, this is considered to be an amount in which enables you to afford the home in which you currently live in. The situation with my husband and I is that both of our names are on the mortgage / deeds therefore he cannot force me to leave or sell. The amount in which you would be awarded (I think) is all dependant on your situation, the fact that you will not be earning whilst on maternity leave I am sure would certainly be taken into consideration and the fact that he earns well, I am sure you would be entitled to something.

I don't know whether the same rule applies if you are living in a property which a court would see as more than you need (within reason) but they will take into consideration what your husband will need in the way of living costs for him, you would think they would be considerably less than yours as you are the one holding the baby - literally!

I am so sorry to hear of your situation, I can only imagine the emotions you must be going through whilst pregnant. Congratulations on your pregnancy and good luck!

If I find out anymore on this subject, I will keep you posted.

  • 1957
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22 Aug 07 #2260 by 1957
Reply from 1957
Hi there,

first at all thank you for taking the time and sorry to hear about your stress.
The responses I'm getting on my request just show me that I'm in the right and my husband is trying to stick his head in the sand.
So all I need to do now is to find a solicitor who can also help me to get legal aid and put this maintenance support in writing so I can put this in front of my husbands nose.
I've already put our figures in the maintenance calculator. I was quite surprised to see that I'm entitled to 60% of the house because of no earnings from the beginning of th December and because of the baby. Because my husband wants to buy me out of the asset which I will agree too once the maintenance is settled, officially stamped and contracted.
I think he seriously will get a wake up call now.

kind regards

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