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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.

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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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Quick question

  • mbird
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05 Oct 12 #359469 by mbird
Topic started by mbird
Just a quick question, if someone goes from income support to job seekers whilst in receipt of funding from legal aid, does this just carry on or do they have to apply again? Is JSA a passporting benefit??? Doubt anyone will be able to answer this but just wondered.

  • QPRanger
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06 Oct 12 #359602 by QPRanger
Reply from QPRanger
I would suggest that the change in circumstances needs to brought to the attention of the Legal Aid people asap: it is then up to them to let the recipient know if this affects anything.

  • sim5355
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07 Oct 12 #359670 by sim5355
Reply from sim5355
hi! i don@t the answer to your question but i am on job seekers and i got legal aid straight away so i would have thought so.xx

  • u6c00
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07 Oct 12 #359722 by u6c00
Reply from u6c00
Income based JSA is a passported benefit, contribution based JSA is not.

Income based JSA is usually given to people who either a) have not paid enough national insurance to qualify for contribution based; b) have been on contribution based JSA for an extended period of time.

So for example a wife loses her job. She applies for JSA and gets contribution based. After (I think) 6 months she no longer qualifies and her household must be income assessed. If her husband earns too much then she will not receive any JSA.

If it''s IB JSA then legal aid will be unaffected. If it''s CB JSA then the recipient of legal aid will have to be income assessed (which if JSA is the only source of income they will pass but it will take time).

I believe that a legal aid claim would be put on hold while the income assessment is done. The solicitor would still be able to represent at hearings using devolved powers if they believe that the client will receive legal aid again.

Hope that answers your question. In all likelihood if transferring from Income Support to JSA it''s going to be Income Based.

  • mbird
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07 Oct 12 #359756 by mbird
Reply from mbird
Thanks u6c00,super info.

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