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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Form E financial requirements of new life

  • SilverFir
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17 May 12 #331281 by SilverFir
Topic started by SilverFir
I am very much getting ahead of myself now, only just having applied for the Nisi and not even started financial proceedings ... but that doesn''t stop me reading ahead about form E''s etc!

Following separation, I am now living with my new partner and our child (i.e. child is from new relationship). My salary is the sole income, my partner has to stay at home as our child is disabled (claims carers allowance).

In the "Financial Requirements" section, would I list the total requirements for my household (e.g. full rent etc)? Or can I only claim for my 50% responsibility towards the rent?

I''m think STBX might question why certain expenses are higher than normal, e.g. our food costs are higher due to the specific diet that our child eats. STBX would question why that''s relevant when the situation (having a child post-separation) "is of my own making".

Oooh, that makes me think of another question. Presumably Child Tax Credit should be listed as income? We receive an inflated payment due to our child''s disability. I guess that offsets our higher expenditure!

  • NoWhereToTurnl
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18 May 12 #331322 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi,

I presume you have not yet seen form E. It is very detailed and now has a section to be filled in if you are re married or cohabiting, therefore your new partner will put his carer''s allowance and any benefits in that section.

You have to fill in all the other sections, including tax credits, providing 12 months of statements for all accounts held, your stbx has to do the same.

You have said that your child''s father is your new partner, so not the financial responsibility of your stbx.

When calculating your financial requirements for your new life, a new partner is expected to contribute to living expenses. I realise yours is a difficult situation and hope you are getting lots of support and advice on benefits for your disabled child, your Health Visitor might be able to point you in the direction of support for his/her dietary requirements.

Very best wishes for your future.

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18 May 12 #331453 by SilverFir
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Don''t worry, I''m not trying to make STBX pay for my lifestyle now or contribute towards care of a child that''s not his own!

I was just more curious, as form E says to list "Income needs for yourself and for any children living with you or provided for by you." It doesn''t say that not to include children that are not ''of the family'' (ie pre-separation); nor does it make it particularly clear whether you should apportion household costs if you are with a new partner (e.g. 50% rent).

So perhaps I should list what rent I would notionally pay if I were to rent a one-bedroom place (i.e. if I were on my own), even though I''m actually sharing responsibility for a two-bedroom place? And how would I estimate what my utilities bills would be if I lived on my own, as they''d be more than 50% of the cost we''re paying now ...

Do you understand where I''m coming from?

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18 May 12 #331488 by NoWhereToTurnl
Reply from NoWhereToTurnl
Yes of course I do & wish you all the best, I will "bump" your post up so that one of the expert boarders answers you.

Best wishes.

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22 Jun 12 #338472 by SilverFir
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I''m bumping this because the question occurred to me again last night!

Let''s simplify matters. I now live with my new partner. (Take our child out of the equation!) Obviously our household expenditure is joint. I pay for some things from my bank account; he pays for some things from his (e.g. rent). It all balances out so neither of us are better/worse off.

How would I account for this on form E?

I know that I will list my income; and that I can choose to list his income.

But how do I detail the expenditure? I can''t simply say that my outgoings are 50% of all bills (food, utilities, rent) as that isn''t truly representative of what it would cost me to live - one person does not live at 50% of the cost of two. (An example - our house rent is £450; but you can''t claim that "my rent" is £225 as I''d never get a place for that.)

Surely this must be a common question where people have moved onto new relationships and shared living arrangements.

Do I simply "estimate" what I think my living costs would be for just me? Certain things like broadband are a set price no matter whether I live on my own or with someone!

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