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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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Maintenance Pending Suit ???

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09 Sep 07 #3037 by scottishlady
Topic started by scottishlady
Hi....
I wonder if anyone can advise me.....
When my solicitor filed the divorce petion, she also said that she was putting a request for maintenance pending suit to the court...
Can anyone tell me just how this works?
Does my x2b have to return the acknowledgement form before this can be awarded?
If it IS awarded... how does it 'get to me' ?
How long would this normally take?
I'm not quite on the breadline yet.... but it won't be long:(

Thanks for any help
Karen

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09 Sep 07 #3038 by LittleMrMike
Reply from LittleMrMike
Maintenance pending suit is intended to tide the petitioner over until a full maintenance order takes effect. It is not made for a child, which is dealt with by the CSA.

In general MPS payments tend to be awarded at a relativly low level, but in your case, and having regard to your husband's high earnings, I would say that they might be pitched at a level higher than what is usual. I assume the time and manner of payment would be left to the Court and specified in the order.

Applying for MPS looks a very reasonable thing to do, but, Karen, have you considered whether you are getting the social security benefits to which you may be entitled ?
Would a visit to the CAB help ? I can't say how long it would takem that would depend on the local court and their workload.

Mike 100468

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09 Sep 07 #3040 by scottishlady
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Thanks Mike....
You are very knowledgeable... I appreciate you taking the time to comment.
I have applied for working tax credits...well, when I say applied...I have the forms to fill in - look daunting, but I shall do that tomorrow.
I will try to find out whether I would be entitled to any benefits...
When I spoke with my x2b last week he said that he hadn't received any papers from the court...he should have by then I think... so I'm wondering if perhaps he isn't at the address I gave to my solicitor...if that is the case, I know where he is working... can they serve the papers on him at his workplace?

Kindest Regards
Karen

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09 Sep 07 #3057 by LittleMrMike
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I can't judge whether sufficient time has elapsed to enable service to be effected by first class post. If it is clear he hasn't got it, then you have, more or less, three options ; the Court bailiff ; a process server ; or your solicitors do it, but all of these add to the costs unless you are exempt from fees for a bailiff service. You don't want more costs - do you ??????

Mike

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10 Sep 07 #3074 by scottishlady
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Hi Mike....
Once again... thankyou for your input...
I receive legal aid... so I don't know how that works... I guess it just adds to the amount to be paid back.... but, no, ofcourse I don't want any more costs than necessary.... but, if those are the three options.. then it seems to me that I wouldn't have any choice in the matter, if a) he wasn't at the last known address.... or... b) he 'chooses' to ignore the papers ??????

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10 Sep 07 #3085 by LittleMrMike
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I wouldn't worry too much about this, honestly. If you are exempt from fees, as is possible, then bailiff service is free of charge to you.

Mike

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