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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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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

  • Monitor441
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18 Nov 07 #6951 by Monitor441
Topic started by Monitor441
I have finally heard from my ex2b's sol on the finances. There are lots of questions I need to ask but I will start on the topic of Spousal Maintenance.

I have been paying SM and CM since I left the FMH last November. Her sol sent through the first shot of the finances in Jan 07 to which I responded in April 07. In Jan 07 he said that SM would finish once she had cohabited for 6 months with a further 12 months of nominal maintenance (1p) incase her relationship with her boyfriend failed (cake and eat it, some of my friends have said).

It has now been stated she has been cohabiting for 5 months but they are now asking for SM to finish 9 months after cohabitation commences with nominal for 12 months after that.

What are everyone thoughts as I think this is unreasonable without any explanation and any ideas on what to go back to her sol with

Thanks

Mon

  • DownButNotOut
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27 Nov 07 #7800 by DownButNotOut
Reply from DownButNotOut
Monitor,

My main thoughts on this would be that, given your much higher earning capacity than hers (from your figures in another post)....you main aim is to get a confirmed end date for SM.

The nightmare for you is that she denies cohabiting (yes she may be admitting it to you now but may suddenly change her tune in the courtroom - leaving you with something tricky to prove).

So rather than worry over whether it is 6mths or 9mths of SM...I reckon the main target for you is to get some kind of agreement in writing.

Get some clear evidence through these negotiations that she is cohabiting.

I personally would jump at the deal (even at 9 mths).

My situation is very similar to yours (in respect of mine and ex's salaries) and i had to give away all of the FMH to get off paying SM. Even then I have 6 years nominal SM. 6 years!!! til my son is 22.

If you are being offered a deal where you can be finally done with both SM and nominal SM within the next year and a half then grab it and move on.

  • attilladahun
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27 Nov 07 #7810 by attilladahun
Reply from attilladahun
If you agree to SM for a short time make sure it is non extendable

In the order will be a s28 declararation so W cannot go back and extend the order.

W do often insist on nominal orders as they will say there is no security in her relationship ie if they break up and she relies on his £ where then

A s 28 and a non ext order is appropriate if a spouse acn adjust thereafter "without indue hardship"

She is under a duty to max earning capacity so may be if she wks full time or undergoes a period of retraining to achieve this in many cases then a Clean Break of SM would be appropriate.

Hope this helps

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27 Nov 07 #7812 by attilladahun
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Remember to extend the nominal order the onus is very much on her to justify this.

Have to agree it seems a sensible suggestion.

  • Monitor441
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27 Nov 07 #7900 by Monitor441
Reply from Monitor441
Thanks for the replies.

We are currently negotiating and trying not to go to court. Her sol has put it in the latest letter that they are cohabiting so I would like to think this would stand up in court (if we end up there). I was thinking of trying to negotiate the nominal period down by offering to pay SM for 9 months from cohabitation for 6 months nominal or pay SM for 12 months from cohabitation for no nominal. The only problem there is if she moves him out before the end of the period and I am back to square one then.

It is a nightmare

Mon

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