A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


ancillary relief where money already given

  • sotiredofthisnow
  • sotiredofthisnow's Avatar Posted by
  • Premium Member
  • Premium Member
More
27 Apr 12 #326833 by sotiredofthisnow
Topic started by sotiredofthisnow
My wife and I separated 2 years ago, april 2010

I stayed in my home I owned (mortgaged) prior to the marriage which became our matrimonial home when we did in jan 2006

My wife moved into rented and took all our savings plus her deposit plus first month''s rent plus her car and we bought the usual home stuff - sofas, beds, kettle, iron, vacuum etc. We bought another car for her from matrimonial funds when the one she took died and she scrapped it.

She had a total of £6158 plus I paid for 12 months, periodic payments of £188 (total 2256) to support her while she adjusted to her financial independence. We did not agree a Consent Order though I continually asked for one.

Her solicitor said she wanted voluntary disclosure in summer 2011 and I prepared form E but then heard ''there were issues surrounding her entitlement to public funding and they would be in touch''. Nobody ever got in touch, and letters to her solicitor asking for updates went unanswered.

In March 2012 the local mediation service asked to see me and says my wife (we have a Decree Nisi) wishes to mediate on financial matters.

My house is valued between £142,000 to £148,000. My mortgage £135,500 (plus early repayment fees and sale costs) I have a £2000 overdraft and a £5000 loan to pay off some debts to my father (£2256) and for a new condenser boiler and radiators after mine died. I own an old car (250,000 miles and rising) and have no other assets barring a pension I built up prior to the marriage and did not contribute to during or since.

She has a child from a previous relationship , father overseas and un-contactable, her son called me Dad and I brought him up for 4 years as my son but am no longer allowed contact.

My worry is when she finds her ''payout'' isn''t as fat as she hopes, especially if there''s no lump sum, she''ll drag things out or go back to her solicitor in the hope of getting more.

Should I take out a further loan and just offer her a lump sum to ''buy myself a Consent Order'' and get it settled ?? Or should I try for periodic payments ? (as she intends to cohabit in the summer and possibly remarry fairly soon)

She''s 27 , I''m 42 my salary 38000, hers not much but she currently gets housing benefit and income support on top of her part-time job.

I wouldn''t mind paying child support especially if I got to see him sometimes.
What do you wise owls think ?

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
27 Apr 12 #326859 by MrsMathsisfun
Reply from MrsMathsisfun
I would sort out a Clean Break Consent Order.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11