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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Spousal Maintenance?

  • Bluey
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09 Sep 08 #47065 by Bluey
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just bumping this up in case someone who can advise me has missed it!! :cheer:

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09 Sep 08 #47080 by fitbird
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Sorry you need to ask a sol about this but have you looked at the other benefits you may be entitled to. Childrens tax credits are increased if you have a high dla rate child, no council tax as low income - dla for child disregarded. You may get income support top up. Worth a call to benefits agency. As you carer for diasbed child it would reduce your work potential so it would seem sensible you get sm to care for his child???? Wish could help but sol will know but do speak to benefits agency. xxx

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10 Sep 08 #47090 by Angel557
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I 'am my sons full time carer, i have been awarded SM for life or until i remarry.It was noted at hearings that i was his carer and therefore my working capacity is reduced , my ex never give me 1p from the time we seperated Aug 05 until he was order to July 08 he argued i was on benefits to which the judge replied why should the tax payer pay when he can aford to pay.So the disabled childs needs are noted and have been addressed fairly in my case.

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10 Sep 08 #47094 by Fiona
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Just tick all the boxes in the prayer so the option to apply for everything with ancillary relief is left open.

There isn't a formulaic approach to calculating SM. In court the starting point are the matters under s25 MCA 1973, in particular establishing an amount that allows the applicant to live at an appropriate standard in light of the other s25 factors. From that figure the income of the applicant can be deducted to produce their income needs. Then it's a question of calculating the ability of the other party to meet those needs and considering proportionality so there is balance.

Once it has been determined that SM should be paid and how much the consideration is when it should end. SM ends on remarriage but otherwise the court may only limit the term if it is satisfied that the payee can adjust to maintenance ending without undue hardship. In practice that might be after a few years to allow for readjustment, until the youngest child reaches 18 years of age or when pensionable age is reached and a finite term is relatively uncommon.

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10 Sep 08 #47113 by angelanna
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Hi

My solicitor said to tick every box on the petition as it keeps your options open. Once the petition is lodged you can make the application for ancillary relief - only when you have both completed form E will you be in a position to know whether any spousal maintenance is payable. The application for ancillary relief also enables you to apply for interim spousal maintenance if you are struggling financially. At that point you can either discuss amongst yourselves, go for mediation or head to court. You can always have a one off appointment with a solicitor (some are free) to get some idea of what they think you are entitled to.

If you are petitioning on grounds of adultery you can use a solicitor and claim back approx 80% of costs for the divorce side (not AR). Otherwise there are lots of people who can help on here and the forms are available here in word format which makes a big difference.

I'm self repping now after ex had an affair and left me with two young children. I have been advised that I should be entitled to both child and spousal maintenance.

Good luck. Any questions, just ask.

Anna

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10 Sep 08 #47165 by Bluey
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Thankyou all so much for your replies. I feel a bit more reassured now :)It was beginning to get me down, as I worry everyday the postman comes that he's gonna deliver a letter from stbx's sol, asking what I've done re the form 'e'.

I wasn't sure whether or not to put about spousal maintenance in the pettiton, but now understand that will all happen later.

So now just have to make sure I have the wording right for the reasons - and then it'll be all systems go!

thankyou once again, I truly appreciate all your help

xxxx

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