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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.

Maintenance and universal credit

  • Arnie999
  • Arnie999's Avatar Posted by
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  • New Member
04 Mar 20 #511701 by Arnie999
Topic started by Arnie999
Can anyone please tell me if my husband can insist that i must apply for universal credit before he will entertain any discussion about spousal maintenance. His solicitor has written to me to ask for proof that I have applied.
The facts are that my husband left a few months ago after 28 years of marriage. We have 2 children- 1 at uni and a 16 year old at school living at home with me in FMH. Husband has moved in with new partner in similar size new home.
Before having children I worked in a bank and had good prospects but gave that up to be the primary Carer. During the marriage I worked a lot of low paid part time (evening and weekend jobs) to make my fair contribution.
I am now working part time cleaning and waitressing but my income and child maintenance (which I had to claim through CMS) do not cover my expenses. My husband’s income is more than 3 times my total income and I see from his form E that he has plenty of excess income which he is spending on holidays, designer clothes and having a good time.
I think I might be entitled to some welfare as I have used up my £2000 savings on solicitors fees for the decree nisei and now have to represent myself.
The issue is that I do not want to have to claim welfare. Why should the state subsidise my husband’s affluent lifestyle? AND if I claim I will be forced to take full time low paid (very tiring when you are in your 50s) jobs. I genuinely would like to retrain so I can get back into an office job perhaps as an accounts clerk and I would not be able to do this if I am on benefits.
My question is - must I apply for benefits and, if I don’t, will it reduce the amount of spousal maintenance my husband has to pay me because I didn’t do everything in my power to increase my income?

  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
04 Mar 20 #511705 by WYSPECIAL
Reply from WYSPECIAL
Spousal maintenance is based upon need of recipient and ability to pay of the payee.

They might possibly use the argument that if you aren't claiming money that you are entitled to then you mustn't have a need.

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