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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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Counter file for Ancillary Relief

  • claire73
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25 Feb 08 #14993 by claire73
Topic started by claire73
Hi everyone, I hope that someone can help...

My partner is currently in the process of a messy divorce. Ex has rejected parenting plans, mediation, and we are now in the throes of a cafcass report.

However, there is noone to step in and help with the financial stuff. My partner offered a Clean Break, where she would release a part of the equity in the house (less than 1/3) so she could stay there etc. However, she has stated through her sol that she is more interested in taking him for what ever she can. (Actual words from Sol - Our client has particular interest in your pension) She is constantly saying that the only reason that my parnter wants overnight contact with his son is to reduce his payments...

Now, the ex is from overseas where she has substantial savings, and her mother is elderly, and she stands to inherit a very large sum on her death.

Having had the ex's form A where she has asked for a lump sum, ongoing maintenence, property adjustment and a pension sharing order etc we have been advised to counter claim as she actually has more money in her pocket each month than my partner. And considerably more in the bank!!

What should we put on our form E? Do we have to offer justification as to why we want the judge to consider whether she should pay maintenence?

Is it common for the NRP to receive any maintenence?

Any help gratefully rec'd

Claire

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25 Feb 08 #14997 by Fiona
Reply from Fiona
Who has advised to counter claim? It's usual for people to tick all the boxes on form A - lump sum, ongoing maintenence, property adjustment and a pension sharing order etc to keep their options open. It doesn't mean they will necessarily claim them all!

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25 Feb 08 #14998 by claire73
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We offered a more than reasonable Clean Break (allowing her to keep all the inheritances etc and her savings plans etc etc etc) as she has turned this down in the hope of getting even more out of my partner, his sol said that he should put in the claims against her.

As I said, she is considerably better off than us (I have three children that my partner is supporting as my ex wont.)

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25 Feb 08 #15004 by Fiona
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OK. The thing about potential inheritances is that unless they are imminent they normally aren't included in the pot because they aren't certain - wills can be changed, testators may outlive benefactors, courts can't force a third party to disclose their intentions nor can the court estimate the value accurately.

SM is usually based on the need of one party and the ability to pay of the other although when the marriage is long and there is significant future economic disparity it is possible for NRPs to be awarded a share of income.

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25 Feb 08 #15017 by claire73
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If this is the case, and the inheritance cant be inc, does that mean once she is in receipt of a $1M inheritance we would have to go back to court? Thing is, she is the sole benefactor of her mothers will. No one else for it to go to (unless it goes direct to the son - what happens then??)

Claire

  • Angel557
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25 Feb 08 #15018 by Angel557
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Just a thought Claire your children's dad has a finicial duty to pay for his children , why not put an application in for the CSA , the CSA are changing soon and bringing in new powers to deal with parents that won't pay for their children.

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25 Feb 08 #15024 by claire73
Reply from claire73
My claim with the CSA has been ongoing for a while now. He keeps changing details, asking them to check the claim, and so on. He is in the army, and his best mate is his boss and financial main clerk, he is playing along with the whole thing as well, making changes, sending "amended pay details" its a sorry story.

Also, he has signed off from the army, and told me in no uncertain terms that even if I get SOMETHING from him now, it wont continue once he is on the dole.

Some men are arseholes. on the plus side - I have a good one now!

Claire

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