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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.

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kids are 22,18,17,15, 17yo preg how many r depend

  • mike62
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29 Oct 07 #5454 by mike62
Topic started by mike62
Davjam,
Dependant should mean under 18 years of age, or if in full time education, up to their 19th birthday.

So you have 3 Dependants, dropping to two within the next year.

Pretty sure, but someone else may have better info than me.

Good luck

Mike

  • duncan McEnzie
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29 Oct 07 #5455 by duncan McEnzie
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Thanks . Was also wondering if they take into account that they wont be dependant for much longer.Im not a bitter person but her request for 75% after stealing and after ive paid the mortgage this last year whilst remaining homeless myself is a tad annoying. Even more so because of the missing money. She claims i have a greater capacity to work and earn than her. Could my 17 yo pregnancy affect her work capacity.

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29 Oct 07 #5457 by mike62
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Dav,
I would have thought that if it were she that were pregnant, she might have a case. However, her 17yo should be looking after herself, surely?

A 75% : 25% split seems a bit hefty, but its difficult to say what the circumstances are. Looking around here, it seems that 75% is at the upper end of settlements.

The greater capacity to EARN is what is important. If she chose to be working, could she be earning more than you? If so, you could claim spousal maintenance from her!

It all seems complete doom and gloom at the moment, but just take a step back and calm down. Have you got any way of proving the theft?

Mike

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29 Oct 07 #5453 by duncan McEnzie
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Can anybody advise.Left wife last nov after discovering theft. She diddnt work in 19 years of marriage she now wants a 75% split in her favour. I recently recieved a letter from her solicitor saying she has 4 dependants.I have a 22yo in full time employment. A 18yo currently at college. A 17yo who i recently heard is 6 months pregnant and will have to give up her own college course and a 15 yo still at school. Does she have four dependants or does she need a new solicitor. At this moment in time i cannot afford a solicitor, so any advice would be welcome.

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29 Oct 07 #5461 by Fiona
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Oh dear, I think the gremlins are at work. :S

It's not straight forward. The problem is for student finance purposes over 18s who have not yet reached 25 or supported themselves for 3 years are deemed dependent and courts do have powers to consider their needs. This can't be seen in isolation though as all the factors of each case need to be taken into account to reach a fair settlement.

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