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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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Spousal Maintenance?

  • Bluey
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17 Nov 07 #6901 by Bluey
Topic started by Bluey
Hiya,
I didnt think I would be entitled to the above, but now thinking that maybe I would be!

Is there a certain percentage when it comes to spousal maintenance, like there is for child maintenance ie 25% of earnings for 3 or more children.

Background!

I have been married for 17.5 years, have 4 children aged between 9 and 16. One of my children is disabled and receives higher rate dla for both care and mobility. My Husband left me 7 weeks ago, he has been having an affair with someone at work. I didnt realize that she had left her own husband earlier on in the year.

I receive carers allowance,

When my Husband left, I understood that he was renting somewhere by himself, turns out that he and T have moved in together.

do you think I would be entitled to Spousal Maintenance?

thanks in advance

  • Monitor441
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18 Nov 07 #6952 by Monitor441
Reply from Monitor441
Bluey

You need to post some financial figures - ie your total income, your total out goings, his income etc to see if you need spousal maintenance. SM is paid on need, not want, unless he is a millionaire

Mon

  • Pickle
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20 Nov 07 #7142 by Pickle
Reply from Pickle
As Monitor441 you'll have to post figures - the same as found on form E.

All income includes benefits and savings. The benefits you mention tend to be quite sizable (I used to work for the Benefits Agency) and would probably negate any SM. You may end up with the 'token' payment which I believe is set to a couple of pounds per year.

Also taking in to account the age of your children, they all must be at school, so any judge will expect you to support yourself and work a minimum of part-time during school hours.

All of these details will be provided by your solicitor should you use one.

Hope this helps.

  • soulmanuk
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20 Nov 07 #7143 by soulmanuk
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me and the stbx had a verbal agreement that she would pay a secured loan and i would pay the mortgage and the credit cards the amounts were 55/45% in her favour. she has not paid anything in 13 months. i have a copy of the direct debit she set up to pay it then cancelled it before the first payment, can this be used as a written agreement between us to make here pay what we agreed on

  • Specialdad
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20 Nov 07 #7147 by Specialdad
Reply from Specialdad
Courts wont accept verbal agreements or the bank statement.

You will have get a new Consent Order drawn up.

B)

  • loobyloo
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21 Nov 07 #7164 by loobyloo
Reply from loobyloo
what and how is sm decided.... i get so confused and not sure what entitlement
looby x

  • Bluey
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09 Sep 08 #46798 by Bluey
Reply from Bluey
hiya,
just dragging this post back to the top, rather than starting a new one!

Yes, you are right the benefits are quite sizeable. I will get round to posting figures up, but need to work them out first.

My question is if i am appling for spousal maintenance should I put this on the pettition form or just leave it until I fill out the ancilary relief, if thats the right form?

Maybe put something on the pettiton like ' bluey, gave up her job to be a sahm and full time carer to disabled child, mr bluey has not offered any spousal maintenance since the separation'

Hoping someone can advise me, I feel this is overwhelming me at the moment - but holding things together, and putting on a brave front.

I think once I have the pettition done, I can breathe easy for a minute!'

Thanks in advance

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