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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

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02 Jun 12 #334699 by rockchick
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thank you but will i get back payments for maintenance for the money i am now losing and lost at the final hearing because hes decided to stop paying also what''s your advice on settlement many thanks

  • WYSPECIAL
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02 Jun 12 #334700 by WYSPECIAL
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CSA figure wont be effected by where he is living. It is a set % of net salary and you can claim despite living in the same house.

If he is self employed it will be difficult though.

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02 Jun 12 #334702 by rockchick
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is it advisable to go through CSA or do i go into kids savings and argue it out on FH will i get back payments for maintenance ? surely he should be paying for the miaintenance ?

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02 Jun 12 #334705 by WYSPECIAL
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rockchick wrote:

is it advisable to go through CSA or do i go into kids savings and argue it out on FH will i get back payments for maintenance ? surely he should be paying for the miaintenance ?


If it hasn''t been ordered and was just a voluntary agreement then you wont get back payments.

As far as CM is concerned CSA will assess from when you apply. They don''t back date it.

You should apply rather than use savings up.

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02 Jun 12 #334710 by rockchick
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thanks for reply but solicitor is saying shes concerned what final assessment will be and that the judge may not overrule this any thoughts to my settlement ? and what u think i would be entitled too.

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02 Jun 12 #334715 by Fiona
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Like so many things in family law there is no black and white answer. As I said above the CSA has jurisdiction and the court cannot normally impose an order for CM. You may be better off negotiating child maintenance as part of the overall divorce settlement. That is particularly true if your husband is self employment and enforcement is likely to be an issue later.

IT''s difficult to comment about settlements without knowing all the overall facts. For example, depending on your ages it might be reasonable for you to have all the equity towards a new property and your husband the £80k from the endowment for a deposit on a new property. If your husband is at a stage in life when obtaining the usual 25 year term mortgage is impossible he may require more capital to rehouse.

The other thing to bear in mind is your costs of living. The more the capital split is in your favour the greater your husband''s mortgage will be which has the knock on effect of him having less disposable income to pay any spouse maintenance.

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02 Jun 12 #334720 by rockchick
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thanks for reply i just hope justice will be done in July i have been fair all the way but he hasn''t he took £58K out of joint company account of which i was joint shareholder said he would not touch this money 2 months ago he withdrew £40K to pay some of his credit card debts half of which was my money. he closed company account without consultation that will be raised ,the suddenness of stopping my maintenance altogether what do you think judge will make of this and finally expecting us to live in the most undesirablest area where there high statistics of crime and again not thinking of his children what''s your thoughts on this and how do you think judge will react many thanks

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