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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 payment/child support

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06 Feb 08 #13083 by minxif
Topic started by minxif
Hi,

Can anyone give me an opinion of what they think I should do. Am very recently separated, husband moved out, I am in MH with 2 children. I receive monthly allowance for food and day to day living, he is continuing and has agreed to pay mortgage and all household bills for a year or 2 and then wishes me to take over responsibility of mortgage etc and will then pay just child support, has suggested 20% of income.

I have asked for him to give me the money for household bills and I will pay them so I can start 'managing' things etc, he said he doesnt want to as it could set a precedence.

I will seek proper advice about future payments for me etc but in the meantime how does this arrangement sound?

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07 Feb 08 #13088 by Josh2008
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He has to be admired for what he is currently offering and I can understand what he means by 'setting a precedence’ for the moment let him have control over the household expenses, your future entitlement will not be affected by this.

What you do not say is what is going to happen with the marriage, are either of you currently or soon going to petition for divorce.

If so then you should try and come to as best an agreement for the future as you can both afford and then move on from there.

The 20% mentioned is the normal CSA amount for two children but you do have other rights and should seek independent advice on that.

However try and not get yourself wrapped up in the enormity of the legal entitlement as this could jeopardise what appears for now, to be a very admirable position on H's part

I presume he is looking towards you gaining additional income from employment or similar, and is giving you time to sort things out.

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07 Feb 08 #13222 by minxif
Reply from minxif
Thank you for your reply.

We are intending to get divorced, is there any benefit in petitioning for a divorce straight away?

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08 Feb 08 #13270 by Josh2008
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If you are set on divorcing, then there is no time like now to start the ball rolling and especially that your situation does seem quite amicable.

If either of you intend to cohabit or remarry, then petitioning for divorce now is the best solution.

Upon divorce absolute, either party is then free to remarry, if that were to occur and no formal financial agreement was in place prior to remarriage, the newly married party no longer has any financial claim on the other party.

Once petitioned one of the parties can apply for 'ancillary relief' usually the financially weaker party, or you can both come to an agreement and just have a court 'rubber stamp' it.

Formal agreements cannot be looked at by a court until after the issuing of the nisi, but the absolute can be withheld until finances have been sorted out, although a number of financial settlements can and do persist way beyond absolute.

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