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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 maint

  • Dobber
  • Dobber's Avatar Posted by
  • Senior Member
  • Senior Member
16 May 07 #271 by Dobber
Topic started by Dobber
Hi all , I,m just about to get started on a divorce. How ever trawling thro these threads I have read some shocking spousal maint payments being ordered.

My situation is this - income 1500pm , pension - none , savings- none. assets a 4k car i need for work.

The FMH has appox 130k equity on it. I am paying half the morgage on it as not to unsettle the kids whose schools friends etc are there. I have no probs with this whatsoever & want them to remain there untill they leave fulltime Ed.

Her situation ,income 1100pm , pension - 90k apx , savings- N/K assets - 20k car.A future inheritance of apx 200+ k

For a quick settlement all I want is a 50% share of the house when the kids leave school. I want no claim on her pension or inheritance. This to me sounds a fair deal. However if she decides to get shirty ( which will happen once daddy gets involved) can she try & screw more monthly payments from me? I,m already paying £120pm more than the CSA calc said i should , just to keep the peace & my girls happy. besides in the future she,ll be sitting pretty , while I,ll need that 50% to pay off a interest only morgage, & dont even start me on my own pension (or lack of it). Surley she would,nt be able to screw me for spousal maint ??? I can barely pay the bills now !!!

Thanks in advance. Dobbs

  • wikivorce team
  • wikivorce team's Avatar
  • Moderator
  • Moderator
16 May 07 #272 by wikivorce team
Reply from wikivorce team

The people who end up with high SM payments are the high earners whose partners stayed at home to look after the kids and will continue to look after the kids post divorce.

In your case her income is not too far below your own.

And after you pay the child maintenance (which is 20% for 2 kids, not quite sure how many u have), and you say you pay more - then I really dont see that she would have a good case for any SM payments.

You are already compromising by not claiming any of her pension (which you are entitled to) and by accepting that she keeps the family home with your 50% not released until kids leave school (which of course makes it difficult for you to borrow for a 2nd large mortgage).

Your stance seems very reasonable and so I would not let the scary SM figures for people in very different circumstances worry you.

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