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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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Spousal maintainance or capitalisation

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16 Jul 12 #343480 by Binned
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  • NoWhereToTurnl
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16 Jul 12 #343485 by NoWhereToTurnl
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Hi Binned,

I am so sorry you find yourself in the hell that is divorce, its a difficult journey at the best of times but even worse when you are coping with illness.

At the moment you will be getting maintenance pending suite, either voluntary or by court order. When you have had Ancillary Relief hearings the amount could well change. The DJ will look at the needs of both of you and earning potential, he being in better health and younger is obviously in a better position. Are you sure he does not have any pension provision?

Looking at the figures, a Clean Break does not appear possible as there is not enough in the pot to capitalise. Knowing what I know now I would say capitalisation is preferable to spousal maintenance if given the choice. It looks like you will have to go with the latter.

As for DLA, this is very difficult to get and since the recent tightening of the rules, more so. Also take into consideration the changes in state pension payments, with you being 55, you probably will not be able to claim it until you are 67yrs old.

If you are under the care of a hospital consultant for your arthritis, ask to see the clinical nurse specialist and get letters you can attach to your form E as proof of your condition and its effect on your earning potential.

Best wishes,
NWTT.

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16 Jul 12 #343494 by Binned
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Thanks NWT. That was exactly my thinking. My stbx only has a stakeholder pension of a couple of thou which he froze as he was against pensions.

My illness is documented as ive had everything from accupuncture to traction to phisio and am currently on tramadol and anti depressants.

My stbx is no good at finances as i oversaw every aspect of it during our marriage, ie changing accounts for best interest, opening isas etc, all to protect OUR future as he wouldnt have a pension. I was a manager when we married then went part time to look after him and our dog at the time. No children was his idea also. I think theres a pattern emerging here dont you think.

Hope you are ok , thanks so much again for your thoughts.

  • hadenoughnow
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16 Jul 12 #343498 by hadenoughnow
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Binned

Your strict need is for a one bed property (as is his). How much would that cost to buy?

What are your income options beyond SM and possible dla?

I think, given your age and health problems, you may well be able to justify both a 70% share of existing assets and a degree of SM until your retirement pension kicks in. As NWTT says, he has set a precedent by paying now. If you were mortgage free, I would suggest a sum in the order of 4-500 may be appropriate. You need to bear in mind that he would have the costs of rent/mortgage and you would not.

Hadenoughnow

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16 Jul 12 #343505 by maisymoos
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Capitalisation of spousal maintenance will only be possible if there are the funds or your ex has a way of obtaining them.

If you receive a bigger share of assets this may in some circumstances reduce the amount of SM you receive. In your case though I am concerned that you need to live day to day and without some kind of Spousal support I think you would more than struggle.

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16 Jul 12 #343536 by Binned
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Hadenough now, i see your point but the fact that he could still get a 25 yr mortgage should surely come into play. 4-500 is hardly a lifechanging sum of money and would be used up quite quickly leaving me with £85 per wk to live on . My dog with food, insurance, grooming,vet bills etc costs £15 per wk.

He would have a deposit of £50000 and repayments on a 25 yr mortgage would not be as much as hes paying for his rented flat at the moment. The fact that his pay will also rise each year and he has no costs to pay for his car or petrol, whereas i do and would be helpless without my car.

I feel i should be awarded a larger share of equity in fh plus the maintainance you suggested so i can invest some money for when i have to live on state pension, as im afraid of being old and alone as ive no family and will have to take care of myself.

Thanks for your reply

  • julie321
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16 Jul 12 #343551 by julie321
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Binned

I have every sympathy with you but nfortunately cannot offer any advice as I do not have the experience of other wikis.

Just want you to know I am in a similar position to you and will probably loose the only home my childen have known and have very little to live on.

I too have dogs to care for purchased by my stbx but abandoned like the rest of his family when OW came along.

It seems to me there is no justice for the person who is abandoned as behaviour is not taken into account a mistake in my opinion but I don''t think many would agree with me.

I wish you all the best and fight your corner as best you can.

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