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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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Interim maintenance

  • ejazmughal
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15 Jun 07 #798 by ejazmughal
Topic started by ejazmughal
Currently going thru a divorce. Decree Nisi was 2 weeks ago. I have moved to my parents for the past 3 months. Continue to pay every bill that comes to our marital home and my wife uses our joint account in which i keep topped up. Im a training doctor. My wife wants to take me to court ASAP asking for 1400 pounds a month so that she is in control of the finances of the house. She calls this interim maintenance. We have 2 kids aged 4.5 and 3 who stay with me every other weekend. The house is on my name and is paid off. its worth about 235K.she is training to become a teacher (PGCE (previous maths graduate)) so gets 9000 bursary and will be a teacher in January. She wants the whole house as well. She can have it. But can somebody tell me can she secure such an interim maintenance order if im paying everything anyway - except her mobile -.
Any advise will be useful. I earn about 3500 after tax - looking for a place to rent. I think im screwed on the financial side of things.i think she'll take me to the cleaners. We were married 6 years.

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19 Jun 07 #887 by wikivorce team
Reply from wikivorce team
hi,

She is likely to be successful in gaining an interim maintenance order. There is a significant difference in your salaries - her being the lower earner and she is the primary carer of two young children.

If you pay her that amount voluntarily there is no need for her to go to court. However, she may be stubborn and go ahead anyway - and will likely succeed.

You say she can have the house - but what about ongoing maintenance? You should only offer 100% of the house if in return you get a Clean Break - i.e. no ongoing spousal maintenance obligation.

child maintenance will still be due at 20% of your net income.

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