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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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doe expenses count??

  • doodles
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04 Mar 08 #15714 by doodles
Topic started by doodles
my ex2b has a total salary of 75k a year but 30k of this is expenses. however he only stays away 2 nights per week and pockets the rest. im on 20k a year and have our daughter who he doesnt as yet maintain or see very often. will the expenses be taken into account? how do i go about claiming maintainance for both myself and my 12 yr old daughter? thanx

  • BVG
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04 Mar 08 #15715 by BVG
Reply from BVG
Hi doodles,
Yes all financial income is taken into account, after all it is part of his salary. I believe you will have to get the CSA involved as far your child is concerned. As for you well you could try for Spousal Maintenance (SM). Have a look at the RESOURCES section in the forum and the guides to divorce. I found this for you

Section 25 of the Matrimonial Causes Act 1973

When deciding what Orders to make, the Court has a very wide discretion. By Section 25 of the Matrimonial Causes Act 1973, all the circumstances of the particular case must be taken into account and first consideration must be given to the welfare of any minor child of the family who has not attained the age of 18.

Section 25 directs the Court to have regard to the following matters:

The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future (including any benefits under a pension scheme which a party to the marriage has or is likely to have), including in the case of earning capacity, any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to take steps to acquire;
The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage;
Any physical or mental disability of either of the parties to the marriage;
The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family including any contribution by looking after the home or caring for the family;
The conduct of each of the parties if that conduct is such that it would in the opinion of the Court be inequitable to disregard it;
In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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