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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.


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07 Feb 08 #13091 by rubytuesday
Topic started by rubytuesday
My x2b is legally obliged to pay half the running costs of the MH, where I am still living with my 2 children. When I mentioned this to him, he said that if I forced his hand on this issue, then he would move back in. I really don't want that, so am prepared to not persue this matter. He also doesn't provide ANY ancillary relief, despite having twice the income and a fraction of the outcome that I do. I really just want him out my life, and after seeing a different side to him recently, ie, a controlling bitter bully, the sooner the better.
My question is this: am i better off just bowing to his threats and NOT pursuing any kind of maintence, or should I fight for it?
Ruby

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07 Feb 08 #13100 by gone1
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Hiya HL. That depends on his circumstances and yours. You say he has a fraction of your outgoings. If he is not contributing to the FMH I would initiate Ancilory Relief proceedings at the court. The cost is £210 I beleieve. You should apply for an interim Maintence award. This will tide you over until things are sorted. At the same time I would go to the CSA and inititate a claim for CM. However he is not legaly required to support you until you do something as there are no orders in place. Chris.

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07 Feb 08 #13106 by rubytuesday
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Chris, the children are not his, and thier father already pays CM through the CSA, so that is not an issue. Would any maintence provided to me by him affect my state benefits?

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07 Feb 08 #13107 by gone1
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Hi HL. I am sorry I dont know. Best check with who provides the benifit. Chris

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07 Feb 08 #13108 by rubytuesday
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I get Income Support, and as they take the CM as part of my income (even though the money is to support the children), I suspect they would! I don't want him to come back to the FMH, and wouldn't like to take a risk incase he does, though I suppose I could always take an injunction to stop him returning on the grounds of mental cruelty?
(don't worry, you weren't to know about the children!)

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07 Feb 08 #13111 by gone1
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Hi HL. You could seek an ocupancy order. Its common in divorces now around here. It normaly comes packaged with a non molestation order. I am not sure you need to take the non mol. He is in a world of hurt should he try and move back in. Chris.

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07 Feb 08 #13119 by rubytuesday
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He is in a world of hurt should he try and move back in.


Sounds like a threat, Chris!:lol:Will look into the occupancy order, but as I am in Scotland, things may be slightly different.

Ruby

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