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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.

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future estimated monthly expenditure??

  • soontobebroke
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24 Mar 08 #17517 by soontobebroke
Topic started by soontobebroke
Hi all,
I am currently puttin g together my form E...nothing too complicated until I get to section 3.1, current and future estmated monthly expenditure.
I have, since I separated from my STBX in December, been living with my parents as I am paying all the bills at the former marital home...mortgage, utilities, life insurance, phones etc etc.This means that I have no money at present to rent another house...in fact I dont have enough for a stamp to return the form but thats life!
I assume that I include on this form everything that I am currently paying but what is the definition of "reasonable" for future expenditure as it is totally dependant on what financial arrangements are agreed.
Are legal fees re the divorce (I am at nisi stage)a current or future expenditure? Similarly I have current substantial credit card debts which would be cleared if the house is sold, but who knows what will be ordered... therefore do I include repayments as future expenditure or assume that I will have enough equity to clear them.
Would appreciate any advice from people who have recently filed these forms as mu head is a shed just juggling money for the benefit of my son, let alone trying to sort me and the future out.
Thanks

  • IKNOWNOW
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26 Mar 08 #17752 by IKNOWNOW
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Hi, soontobebroke

Sorry can't really help with completing your form E but just thought I would pose a few questions which may help your current financial situation.

It is admirable that you are paying all the household costs of the FMH, my xtb has only ever paid 40% of the mortgage and minimal child maintenance.

Is your x2b claiming all that she is entitled to in benefits? You don't say whether she works and how old your son is. She may be entitled to either Working Families Tax Credits if she works over 16 hours a week or Child Tax Credits if she doesn't work or works less than 16 hours a week. She will also be in receipt of Child Benefit and could also be able to claim Council Tax Benefit too.

I may be teaching a granny to suck eggs but a lot of men don't realise that their x partners are entitled to these benefits and try to juggle their finances to pay for 2 houses when in fact the burden could be eased.

I am a mum of 5 being taken to the cleaners by my x2b wanting to pay me as little as possible to bring up his 5 young children (between 1 & 11 yo).

As far as your Form E goes, your solicitor, if you have one should be able to advise you. If not, I would include in your post that you are self repping and a few people that are also self repping may be able to advise you.

I am sure someone on here will be able to provide you with the information you need.

Regards, Sarah

  • ambeljazz
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31 Mar 08 #18136 by ambeljazz
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Hi soontobebroke,

I helped my partner fill in his Form E (he's was self representing).

For future expenses we listed all the existing expenses along with any increases we were aware of (ie council tax increase & utilities increase).

You also need to include as a future expense reasonable housing costs for yourself - ie, if the FMH isn't sold then what costs would you incur to rent or buy a suitable home?

Don't worry that your income doesn't support the costs of running two homes - it is an illustration that you have housing needs.

From our experience the information submitted on Form E hasn't really made any difference to the probable outcome.

I also agree with IKNOWNOW regarding Tax Credits etc, my partner's ex works 20 hours a week & claims tax credits - her net income including her benefits is much higher than mine & I work full time!!

  • maggie
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31 Mar 08 #18138 by maggie
Reply from maggie
Try "Form E Income needs" thread - in Court Preparation section - might help?

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