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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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08 Oct 07 #4463 by simontigger
Topic started by simontigger
Got married in June 07, wife now pregnant and we are splitting up. Think I have become a meal ticket!

Very concenred because she moved in 2 years ago, all assets are mine, I pay 75% of all bills and she has contributed nothing to mortgage or household of any note.

Except I have to pay money but at what level? I am told 15% child support, and also maintenance?

I earn about 40k, my wife was earning about 18k, now on 13,500 (air hostess and cannot fly when pregnant) and unlikely to work for a good while (I expect never if she can help it) after baby.

I hear horror stories of 60% of salary etc?

I am early 30's and if an award of much more than 15% of salary is made, I am sunk and thinking of perhaps taking my share of equity and going on a world tour for a few years. Presumably CSA etc cannot force you to work and if its such a massive chunk of salary, is there much point even officially going to work?

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08 Oct 07 #4464 by Sera
Reply from Sera
OK: 15% is for the child, (under CSA guidelines):
15% of net income.

The rest: No rules really!

I'm also in a short term marriage, (Jan 07) I also co-habited for two years.
You can't legally even apply for divorce until June 2008 (One yr after marriage). Usually in 'short term' marriage, each person gets re-instated where they came from: But your situation is different, your wife is pregnant, so you'll have the child-cars costs for 18 yrs. Her housing needs, and those of the child will be addressed.

If you go to the Divorce Calculator, and put in your details, you'll come up with a sum, (I don't think it's that accurate)?

Or post more financial info here, and someone may give you more advice. (I'm not 'legal')

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08 Oct 07 #4473 by simontigger
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thanks for the info. I know child changes everything, just not sure how.

Happy to meet my responsibilities and help financially, just want to be able to move on and have a life too and if I am crippled financially, just cannot see how to do that.

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08 Oct 07 #4478 by Sera
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...that's the whole point Simon, (Sadly)... the State doesn't want to pick up the spilled-guts and entrails of society, so where there's are assets to provide for each of the parties, and kids, the 'provider' will be asked to provide.
She has a strong case regarding spousal support, so if you've paid bills, and she can't work for a while, I imagine short term, you'd be obliged to meet those responsibilities. However, it's still short term, she's young enough to be working in the future. (Ground Crew - whatever), and her longer term ability to earn money will count for a lot.

Also, if she lives with / or re-marries another man, then that would alter your maintenance. (Don't ask me the technical bit!)

If you post more detail, you'll get a more likely outcome reply.

The court needs to consider the housing needs of both parties. It's a sad fact, that during marriage, we can hardly afford the upkeep on one home, let alone two!

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