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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.

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Maintenance ?

  • Ladyrock
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10 Oct 07 #4581 by Ladyrock
Topic started by Ladyrock
I'm sure this is probably somewhere in this great site I just found but I am so new to this and I am floundering in emotion right now so cant find what I am wanting to find. My husband announced he was having an affair for 9 months last weekend and moved out within 24 hours. We had been married for 24 years and 11 months, should be our silver wedding later this month.
Still just trying to think of getting basic finances sorted right now, but I am terrified about long term

My question is - if we divorce ? - I could get the house I think, as he has a very good civil service pension, so I think it might even out ? BUT - we have a big mortgage still, with 23 years remaining, what happens with maintenance ? Is it possible to get divorced, me get the house but he still has to pay ?? Or when you get divorced is that it ? Does the husband then stop paying ??

I cant work full time due to disability and not in a position to work any more hours than now. We have 2 children but grown up - teenagers, not at school so I cant claim any help.
If I did get the house and give up his pension, I couldnt afford it anyway, so would he still have to pay anything to me as maintenance as his ex wife ??

  • LittleMrMike
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11 Oct 07 #4583 by LittleMrMike
Reply from LittleMrMike
I am very sorry to hear your story, you have my sincere sympathy.

It sounds as though spousal maintenance is a possibility, but without knowing the figures I can't say. As a general rule of thumb, spousal maintenance would be payable if he earned twice as much as you, or more than that. The fact that you have a disability, and he has a new partner, would
make spousal maintenance more likely.

As to the house - can't say on the limited information you have given. A Court would be concerned to make sure you have somewhere to live. Your x2b obviously has accommodation. But could you afford to live in the family home ? I would, by the way, keep your lender informed as to the position.

If you can let me know a little more I might be more helpful.


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