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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.


Being crafty

  • Angel557
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24 Sep 07 #3845 by Angel557
Topic started by Angel557
my ex husband and i have still yet to resolve finicial issues.He sold our FMH and took most of the equity even though home was in joint names.He has tried every trick in the book to be unfair , i gave up a career to raise our 2 children, the younger child is regiestered disabled, i done everything in that house as he would'nt help with the home or the children.He has now gone self employed CSA have assessed him on the flat rate meaning he pays £5 p/w for both children and has over £6,ooo in arears.He has a new g/f whom has 3 children of her own he put's her children's needs first,If fincial matters are not resolved soon and he marries her does her children then become the courts proirty ?His parents are trying to help me as regards to his buisness as this buisness earns in excess of £4,000 p/m .Will he have to pay spousal maintenance ? the marriage lasted 11 years and the children are still young.

  • LittleMrMike
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24 Sep 07 #3850 by LittleMrMike
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A few preliminary questions, if I may.

You talk about your ex husband. Am I to infer from that the divorce decree has been made absolute and that you and he are no longer married ?

Secondly, it is normal for financial matters to be sorted out before the Decree Absolute and not afterwards. I need to know whether you made a claim against your husband for ancillary relief as part of the divorce proceedings.

If you did not make one at the time then you may have to obtain the leave of the Court to make one now. This is usually given, but it is not automatic.

As regards spousal maintenance, well in principle it can be ordered but I have to make the glaringly obvious point that a Court will not order it unless he can afford to pay whatever is ordered. Here we have a nominal CSA assessment on the one hand, and on the other you say his business earns £4K per month. Clearly, these are contradictory. It does sometimes happen that a husband pleads poverty and has a lifestyle suggesting otherwise and in such cases a forensic accountant may be necessary to find out where the truth lies.

One tip - have you claimed Disability Living Allowance for your disabled child ?

Can I make the general point that your position is not improved by delay.

Mike

  • Angel557
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24 Sep 07 #3851 by Angel557
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Yes we are now divorced , he applied for the Decree Absolute, even though my solicitor ask the judge not to grant it until these matters had been sorted, but the judge went a head anyway.There is a loop hole in the CSA which allows self employed people to say they are paying themselves £100 p/w, his wage slips which his parents have indicate different.I do get DLA for my child, there has been so many delays in all of this done by him for making 2 represtations to the Legal Aid board about me 1 minute i was suppose to be living with someone , next i had a job both were untrue but took time to prove.I have just recieved a court date for Nov 14th .How many skilled workers out there work 40 hours a week for £100 ?

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