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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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Spouse maintainance

  • coolcustomer78
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15 May 12 #330782 by coolcustomer78
Topic started by coolcustomer78
Hi guys,
Need urgent advice pleaseeee. Newbee and self representing on first hearing.
Completing form E. Concerned about SM for life...Here are my details:

Married for 3 years, Ages 33 and 26, One child aged 1, I work 2.5K pcm net, outgoing 2K pcm including CSA, She is not working, unsure
outgoing. Only assest equity in house=20K. Liability mainly mortgage but not much else.
Please advise..

  • Fiona
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15 May 12 #330796 by Fiona
Reply from Fiona
On an income of £2.5k SM isn''t that likely and highly improbable for joint lives. What is more usual is for a larger share of the assets in favour of the parent with responsibility for the majority of care for children. When there isn''t that much equity or other liquid assets a non working/lower earning parent may need all the assets to keep a roof over the heads of children.

Local property and mortgage raising capabilities are the starting point. If your wife earns less than you she won''t be able to raise the same amount of mortgage than you and would need the larger share of liquid assets. That means your ability to pay any SM would be reduced because you would need to save for a deposit and have a larger mortgage leaving you with less disposable income to pay any SM.

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15 May 12 #330797 by coolcustomer78
Reply from coolcustomer78
Thanks, Fiona. Does that mean that she will get the FMH or I have to fund a house for her? But how would I afford my home. At the moment I pay my rent, mortgage for FMH, CSA and now SM? I am representing myself so need every bit of advice please..

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16 May 12 #330800 by Fiona
Reply from Fiona
You have a child together and the joint responsibility and priority is keeping a roof over his/her head for at least the next 16 years.

How much are the monthly mortgage payments? Could your wife downsize? What is her income? You can check out the benefits she might entitled to at www.turn2us.org.uk SM may have been proposed instead of mortgage rather than in addition to mortgage payments.

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08 Jun 12 #335799 by pudsey12
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Unfortunately I have no idea of the outcome but pessimistically I know the courts are like an exam - hard to predict until the end. I form the impression from reading that SM is likely but time limited eg: until the age of 5 like (I think) income support

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