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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.


interim payments

  • vanessa
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27 May 07 #422 by vanessa
Topic started by vanessa
Hello
I was the applicant in the divorce, now absolute but he is the applicantin the ancillary relief.
i am paying all he mortgage and have been for the 2 years since we split and am going deeper into debt to do this but he is after the increase in equity and probably more. Does anyone know if i can apply for an interim payment even though we are at FDR end of June?

  • DownButNotOut
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27 May 07 #423 by DownButNotOut
Reply from DownButNotOut
Sure - you can apply for interim payments anytime during the process.

Also if u need them and are entitled to them then apply sooner rather than later. It takes a couple of months to get an award (time is really the time it takes to get a court hearing booked) and the payments can be backdated to the date you applied for the interim order.

Only reason not to is if you were very confident it would all be settled at FDR and didnt want the extra hassle. But if you need the money then do it.

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27 May 07 #424 by vanessa
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Do you know if the judge takes non payment of mortgage into consideration when awarding settlement? What I mean by that is Can I take off half of mortgage payments from whatever the equity of the property is?

  • wikivorce team
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28 May 07 #433 by wikivorce team
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Not really. The settlement is based on sharing the net assets of the marriage as they stand at the date of the settlement.

Remember in some marriages one party has paid the mortgage and all other bills for twenty years - that person gets no more credit than the stay at home partner.

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29 May 07 #452 by vanessa
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Sorry I should have been more clear i meant the mortgage payments since separating 2 years ago. It is only during this time that equity has built up as we purchased the house 2 months before splitting, he has made no payments despite having declared no housing costs due to living with new partner.

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29 May 07 #455 by DownButNotOut
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Who pays the mortgage between separation and final resolution makes no difference.

For example my ex2B is in FMH, i got kicked out.

I pay rent on new place but also pay 60% of my salary to cover her mortgage and living expenses. I will get no credit for this.

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29 May 07 #458 by dnac
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How can they justify that you have to pay 60% of your salary? If i did that I just could not afford to live, might as well give up work and go on the dole

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