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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.


Can someone advise me please?

  • Jane2002
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08 Oct 07 #4475 by Jane2002
Topic started by Jane2002
I am seperated from my husband and have bought his share of the house. He moved out over a month ago and I am just about to start divorce proceedings for unreasonable behaviour due to his 'habitual drinking.' Due to this drinking and 'inability' to work,' will I end up paying him maintenance of any kind? There are no children involved. Thanks

  • DownButNotOut
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08 Oct 07 #4481 by DownButNotOut
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Jane,

You will need to provide info on the length of the marriage and your income level and your/his ages before anyone can guess whether maintenance is due.

  • Jane2002
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08 Oct 07 #4482 by Jane2002
Reply from Jane2002
Thanks for answering me.

The marriage lasted 4 years 10 months (the time that the house was changed into my sole name). My income is £16.5k and I'm 36 years old. He obviously has no income (he has the funds that I paid him for his share of the house)and is 43 years old.

Any advice would be greatly appreciated.

Thanks

  • LittleMrMike
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08 Oct 07 #4484 by LittleMrMike
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I would resist any such application, madam.

I would rely on the case of K v K, 1990 2FLR 225, a case very similar to yours, where the husband's application for maintenance failed. In your case there is the relative shortness of the marriage, the fact that he had a lump sum and your low income.

I like giving advice like that !!

Mike 100468

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08 Oct 07 #4485 by Jane2002
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Thanks Mike

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08 Oct 07 #4486 by DownButNotOut
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Jane,


I agree with Mike.

As there are no kids there is no child support.

Therefore the only possible ongoing monthly maintenance would be "Spousal Maintenace".

He either needs to tackle his problems and get back to work...or if he is deemed genuinely 'ill' then to claim benefits.

In either case i cannot see why on such a low income you should be expected to pay spousal maintenance.

  • lilybet
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08 Oct 07 #4489 by lilybet
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how on earth did you manage to buy him out of his share so quickly!!!!!!!!. i have been seperated 7.5 yrs and divorced almost 2,yes he made it impossible,i am now only trying to get him to come to settlment over the house.both names on it but i carried on all payments solo,he share would be only over 2 yrs worth since us buying and he finally leaving.

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