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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.

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Awarding of costs

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26 Jul 12 #345519 by maggie
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I can''t give you any real steer on costs if he succeeds in varying the amount - the whole costs thing seems to be about winners and losers - but being in this distressing situation myself I am searching for clues.
My situation is that my ex is clearly lying to his legal exec about having retired early - I''m pinning my hopes on litigation misconduct - hence my interest in what lawyers are supposed to do about checking for proof of what clients tell them.
In your shoes I would search for a way to capitalise your spousal maintenance - especially unshared pensions. If nothing else that might make him reconsider?

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26 Jul 12 #345520 by motherof2
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The spousal maintenance is stated to end on death of either party my remarriage, a further order terminating payments or the youngest child reaching 15. There is no specific clause regarding cohabiting although I understand that he has a right to raise the question of continuing spousal maintenance on that basis. The maintenance order was weighted against him getting a fair share of the assets and there being no pension-sharing order.

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26 Jul 12 #345522 by motherof2
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Thanks Maggie, that''s helpful. My ex has clearly hidden assets as well whereas myself and my partner have been completely transparent about our financial situation. I can only hope that this goes in my favour in court.

I am not out to screw anybody over, just to continue to the maintenance that I need in order to look after my children while they are young. My ex''s stated income needs for himself and double that of myself and two children and his income is double mine and my partners combined so I just hope a judge will take one look at the situation and tell him he has to continue paying at least an element of the maintenance.

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26 Jul 12 #345525 by maggie
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Found this
www.thomasmore.co.uk/ImageLibrary/Capital%20City%20Notes.pdf
[ good general background about variation - but nothing about costs!]
this might help:
"17. More recently in K v K (Periodical Payment: Cohabitation) [2006] 2 FLR
468 Coleridge J held that after 3 years cohabitation a wife receiving £18,955 pa
should have it reduced to £12,000 pa and it was then capitalised at £100,000. The
wife had tried to persuade the court for a more modest reduction (to £15,000) and
put forward the argument that her cohabitation was irrelevant. It was held that it
was not irrelevant but the effect of the cohabitation can only be gauged by putting
the 2 households side by side and assessing the overall financial picture. An enquiry
will be made to see what the partner can reasonably be expected to contribute to
the wife’s budget and maintenance will be set accordingly."

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26 Jul 12 #345529 by .Charles
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maggie wrote:

I''m pinning my hopes on litigation misconduct - hence my interest in what lawyers are supposed to do about checking for proof of what clients tell them.


A lawyer cannot second-guess their client. They have a duty to take their instructions at face value.

Where it is clear that a client has lied to their lawyer, this constitutes a break down in the solicitor and client relationship and the lawyer can then withdraw from the case.

Charles

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26 Jul 12 #345539 by motherof2
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Maggie that''s really helpful, thank you sooooooo much! Wow if I got capitalisation I''d be overjoyed as it would give me some stability but suspect that the finances in the case you quote may be somewhat larger than in mine...

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