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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.


Help please

  • Pistol2001
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27 Apr 12 #326899 by Pistol2001
Topic started by Pistol2001
I need some help/advise/a shoulder to cry on...I''ve recently got divorced after 20 years of marriage..The family home was sold (split 60/40 in her favour)...We have 3 children (2 of which I pay maintenance for)...My ex (God bless her), is now trying to take me for everything...I work, I have a home, I take care of one of my children for 3 days per week...I pay far more for maintenance than CSA would charge...She had to give up work about a year ago because of illness...She is talking of spousal maintenance even though after all expenses I have very little (and i do mean very little) left...I have offered to tranfer 2 pensions to her CETV = £40K and that leaves me with one valued at £15K, but she says she wants significantly more...I think she thinks i''m Bill Gates...If this goes to court, will it be taken into account my disposible income, the fact that I have offered the majority of my pensions??? At which point do I tell her to take me to court, because i really am at the end of my teather....Sorry for going on but any help would be appreciated...Thanks P

  • Lostboy67
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27 Apr 12 #326903 by Lostboy67
Reply from Lostboy67
Hi
Welcome to wiki, but sorry you find yourself here.
With regard to spousal maintenance it is different to child maintenance in that some account is taken of your ability to pay. Quite simply if you haven''t got it you won''t be asked to pay it.
Have you concidered mediation ?

LB

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28 Apr 12 #326923 by Pistol2001
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Hi LB...Yes I have concidered mediation but my ex only wants to go through solicitors...Its good to hear your comment about if i havent got it, i wont be asked to pay it.
I am fortunate that I am able to purchase a house on my own, but with expenses, bills etc,i really do live to my means. I am pretty sure that my ex cant force me to sell my property, but I wonder if she is entitled to any equity in the property, even though the deposit was paid for with the money from the split.
I am lucky I dont have any real debt, but on the flip side i dont really have any savings either.
My offer of the 2 pensions is more than fair (in my opinion)and my child maintenance payments again are more than CSA would say I should pay.
Perhaps I just need to grow a set and let her take me to court, but then any costs of solicitors I have to pay is money not able to be spend on my kids....
Oh what a mess

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