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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.


Finances

  • Fred63
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13 Jun 12 #336588 by Fred63
Topic started by Fred63
Hello all :)

Any assistance re financial settlement would be much appreciated, my Decree Nisi went through in March this year. Will try and keep brief. We have disclosed financials and the basic position is as follows:

Ex:
Cash & bonds etc: circa £20,000
Has kept both cars and everything, not that it is worth much
Has small pension due
Salary net £1,900

Self:
Cash etc: less than £2,500
Salary net £2,300

We have a daughter who is 21 and just finished university.

Just received a letter from her lawyers claiming:

A lump sum of £20,000 from me on the basis she thought I was saving for our retirement.

Whilst married I gave £1,300 per month towards rent and household costs. She claims that she is basing her expectations on the fact I should ave been saving the £1,000 I got a month.

I would have thought she should be giving me money? Can anyone give me advice please? I feel going to lawyers on my part is pointless as I have nothing, she has it all.

Thank you

Fred

  • LittleMrMike
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14 Jun 12 #336638 by LittleMrMike
Reply from LittleMrMike
Initial reaction is that her claim is very optimistic and my first thoughts were that this is a case for a Clean Break. Courts will not make a lump sum order if you can''t afford to pay it, and I don''t think you can. The difference in your salaries does not seem to me to justify spousal maintenance.
Practically, you both have to have somewhere to live. You say you rent. I guess she will have to rent as well. It''s always possible to get housing benefit if your income is not sufficient to pay a commercial rent, but since I don''t know what rent levels are in your area, it''s hard to say. From her point of view her capital of £20,000 would disqualify her from housing benefit.
Money is going to be tight for both of you and the very last thing either of you need is to spend money on lawyers. You both may have to think of downsizing, but this housing business really is crucial and you need to get your heads together and start talking. I have said before ( and it bears repetition ) that in low income cases, finding a way forward can call for a great deal of skill, much more so than where there is more than enough to go round.
This is only a first reaction but I hope it may be of some help in pointing you in the right direction.
LMM

  • Fred63
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14 Jun 12 #336644 by Fred63
Reply from Fred63
Thanks for your help LMM

From the onset I said to my ex that we should sort things out betweeen us. She never wanted us to seperate in the 1st instance but the marriage was literally untenable. She was making ridiculous claims for eg that I should pay her £800/month for the rest of my life. I refused and she went off to lawyers.

She is still renting a 3 bedroom massive place by choice, I''m living in a room.

She will not talk to me, the last time I tried all she could do for 3 hours was tell me what a bad person I am. Nothing achieved other than further pain.

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