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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 and settlement question

  • rdcox
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15 Oct 07 #4723 by rdcox
Topic started by rdcox
Hi,

Got a couple of questions about my forthcoming divorce. My ex has got herself a new partner and is living with him. I am pretty certain that she had set this up prior to us actually separating as it now appears that he purchased a new house for them to live in within 7 weeks of the separation. Rather bizarrely, the ex denies she is involved with him and that she is renting the house yet it is his name on the deeds and mortgage (checked land registry). This may well be linked to our child residence proceedings which is increasingly likely that I will win, this will be decided at the end of October.

She seems to have put work on the back burner despite earning 2k per week as he appears to have plenty of money and she is using this fact to stop paying towards our mortgage and school fees - the house is on the market and we have a buyer, due to complete in January. After fees, debt clearance etc we'll probably have around £300k equity from the sale. She hoarded away a substantial amount of money in the 18 months leading up to our separation, I reckon around 50k. She has also bought a brand new car in the last couple fo weeks for 20k plus. She is a contractor working through her own limited company.

We have the first divorce hearing in mid December. What will happen regarding maintenance for the children if she continues this process of not working and earning anything for herself. She is trying to break me financially as she knows it will be the only way she would ever win custody of the children. Would the courts/CSA base any maintenance on what she is capable of earning and would they add school fees on top of that? I'm getting pretty concerned about all this.

Also, she has stated that she intends to appeal and keep appealing if the child custody goes against her - can she do this and how many times?

  • Angel557
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15 Oct 07 #4734 by Angel557
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Depending on who will be the NRP , the CSA will assess you on your net income and not on your earning capacity, as it will be a new case if you go down the CSA route you will be on CSA 2 which mean's neither new partners income gets taken into account.If she becomes the NRP and she has no income she will more than likely get a nil assessment, if she has a net income of £100 p/w her assessment will be £5p/w.If the NRP is paying school fee's these will be taken into account and maintenance will be reduced as it does depending on how many nights per yr the children stay with the NRP.In my personal opinon of the CSA i would recomend you come to a mutual agreement regarding child maintenance.

CSA calculations

1 child 15 percent net income
2 children 20 percent
3 or more children 25 percent

if you need anymore info on CSA i have plenty of letter's and booklets here.

  • Monitor441
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15 Oct 07 #4743 by Monitor441
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RDC

Whoever receives the Child benefit is seen as the parent with care (PWC) by the CSA. If it is your ex and not you, you can apply to the Child Benefit office to appeal that you should receive it, as long as you can prove that you do the lions share of the care. Could you look after the kids on a 50:50 basis - week on week off so it is shared residency?

M441

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16 Oct 07 #4750 by rdcox
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Hi,

Thanks for your responses. Unfortunately we are not on any amicable footing at the moment and she has moved 100 miles or so away to be with new partner. The court is likely to implement a shared residence with her having the children every other weekend for 2 nights and half of the holidays.

My feeling is that she is trying to ruin me financially and will not work deliberately out of spite - the problem is her new partner has his own company as well so she will probably work for him for a token gesture and hide their money away.

I will be applying to get child benefit and family tax credits as soon as residency is completed.

As she has moved in with the boyfriend would this affect the settlement from the house sale as obviously she wouldn't need to buy anywhere else. I'm wondering if a deal could be done where I have a greater cut of that and less maintenance.

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