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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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swap spousal maintenance for clean break

  • Annie66
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03 Apr 20 #512016 by Annie66
Topic started by Annie66
Hi, my ex has defaulted on maintenance and, even though I have filed a D50K, I want to look at all options as I have no doubt he will default again at some stage in the future. I have 2 questions:
1/ One option mentioned to me is that I could change the spousal maintenance into a Clean Break as he now has enough assets to do so.
I am also told that there is a calculator to work this out. Where can I find this?
2/ can one file a D50K more than once?
Guidance would be much appreciated.
Thanks

  • LittleMrMike
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06 Jun 20 #512740 by LittleMrMike
Reply from LittleMrMike
Yes, there is, of sorts. It's called a Duxbury table, after the case where it was first used. It's designed to work out what capital sum would be required, if you were to invest it, to produce the same income over the
life of the maintenance order.

UNFORTUNATELY, I haven't got one. I think you need to consult a
solicitor or solicitors who specialise in divorce law - preferably members of Resolution - who may be able to tell you, perhaps for a fee, perhaps not.

Your average High Street solicitor wouldn't have one.

LMM

  • alreid1612
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19 Jun 20 #512922 by alreid1612
Reply from alreid1612
Yes Duxbury tables although some they are now a bit outdated. They take into account your gender, age and the amount of spousal maintenance. I assume you have a joint lives order. There is a danger in going back to court that your ex would argue that it should be changed to term but that depends on a number of factors.

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