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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


settlement and maintenance

  • rockchick
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02 Jun 12 #334688 by rockchick
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Hi my FH was due in May but unfortunately Judge cancelled so next one is at end of July
after hearing FH cancelled, my Ex hasn''t paid a penny since beginning of April in Maintenance ,he likes total control of everything he works as a contractor in london earns 67k a year after tax he has his own company of which i used to be part of but he decided to close down the company and start a new one on his own!!! he pays £2400 to cover interest and bills per month out of his £5500 a month which leaves him clear of £3k a month, since beginning of april he has not paid any maintenance to myself or kids, since declaring my papers for his solicitor for FH he discovered that i had saved £2k in my current bank account which was tax credit awards and also in my other account i had saved up my child benefit for the children (17,13 and 6) since declaring these papers he has not paid a penny, he was paying £1600 a month which covered my everyday living expenses for food petrol etc for 3 kids. i have used up my current account money now of which i had £2k in there and now i will have to use my child benefit account i also receive child tax credits £600 a month and the child benefit is £180 a month £500 of this money goes on outstanding debts incurred through solicitors in defence of my case. will I receive my maintenance back which i am owed when it goes to final hearing and receive my children''s money back I am hoping i will but would like advice, also with regards to settlement have a mortgage of £400k endowments worth £80k house worth £650K I have never worked i have been at home looking after kids for 18 years while he has always been a big earner we have always had nice houses and a good lifestyle, if my house sells for £650K i need a settlement to purchase another house for £250-280K would the judge warrant this because of our needs he has offered £200k but this will not be enough to rehouse my family pensions have been sorted through an actuary could i surrender one of his pensions if need be to rehouse, please please help

  • WYSPECIAL
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02 Jun 12 #334690 by WYSPECIAL
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On what basis was he paying the maintenance? Was it court ordered or a private arrangement?

What is the £2400 he is paying for? Whose bills are they?

  • rockchick
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02 Jun 12 #334692 by rockchick
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he was paying a private agreement drawn up by himself no court order the £2400 covers interest on joint mortgage and utilities basically all household bills i dont understand how he gets away with it not paying maintenance for his kids ? :(

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02 Jun 12 #334694 by mumtoboys
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he can get away with it unless you challenge him. In this case, the CSA will deal with the child maintenance side of things for you although as a warning, it can be complex when someone is self employed.

Have you asked your solicitor to write to his about the missing maintenance payments? That might kick start them again. Much will depend on his motive for non-payment, however.

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02 Jun 12 #334695 by WYSPECIAL
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Are you still living together or is he paying £2400 towards the house you are living in?

Have you applied to CSA for CM?

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02 Jun 12 #334697 by rockchick
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unfortunately he still living here house has not sold yet he has been very difficult through the divorce ,he only has contact with youngest child who is 6 once a week taking him out, other two children do not want to know him or go out with him. CSA came back with a ridiculous figure because he is still living here so my sol suggested to avoid going through CSA because it might reflect final maintenance figure once assessed

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02 Jun 12 #334698 by Fiona
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The CSA normally has jurisdiction for child support and the courts have no powers to impose an order for child maintenance. CM can only be agreed and included in a court order "by consent." The court has the discretion to take a private agreement into account as part of the overall circumstances.

Pensions can be offset against equity although there is often some discounting. A pension is a long term investment and can''t usually be cashed in to provide ready cash therefore it is treated differently from liquid assets and seen as less valuable.

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