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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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First hearing ancillary relief

  • coasttocoast
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15 Jun 12 #336812 by coasttocoast
Topic started by coasttocoast
Hi can anyone tell me if any interim maintenance payments can be ordered at first appointment? As far as i am aware there is not application for MPS thus far.
Also can anyone explain when a maintenance pending suit application would be successful.
Basic outline
Wife and husband earn very similar amounts per month.
No dependant children living at home.
Also does the person that applies for mps always pay the costs for the suit?


Thanks

  • .Charles
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15 Jun 12 #336820 by .Charles
Reply from .Charles
MPS can only be ordered if an MPS application is made. The court will not order interim maintenance at the FDA hearing if no formal application is made for it.

If the parties are on similar amounts, the party seeking maintenance has to prove that they cannot afford to continue to function financially without the ongoing support of the other. There is a high bar to cross and the other party having more money than they need is not a reason for order maintenance - the applicant has to be in constant deficit each month.

When an MPS application is made, costs are normally awarded but the court has discretion on this. I have seen applications when full costs are awarded, partial costs are awarded and where no costs are awarded.

Charles

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