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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Maintenance pending suit

  • coasttocoast
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06 Aug 12 #347672 by coasttocoast
Topic started by coasttocoast
Hi, can anyone tell me if a MPS application is successful is a costs order automatically granted to the receiver?
Applicant has decided to apply for MPS one year after putting in divorce petition. Can anyone offer a view if application would be successful. Both parties earn similar amounts and there have been no changes since to either side''s income in the past year.There are no dependant children.


Thanks

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06 Aug 12 #347679 by dukey
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Costs orders are rarely automatic, quite rare with an MPS.

An MPS after a year apart m may well fail, unsupported for a year so why the need now.

Generally speaking in order to be successful there needs to be a fair old difference in income between the higher earner and lower, unless there are a few kids to look after, or similar circumstances of importance.

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06 Aug 12 #347687 by coasttocoast
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Thanks dukey, income difference between us both is about £1k per annum, no kids, cant think of any similar circumstances of importance.

Many thanks once again

  • soulruler
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06 Aug 12 #347690 by soulruler
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Is the applicant applying for MPS as they are landed with all the marital debts or is there another reason why it might be applied for? (beyond being unreasonable?)

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06 Aug 12 #347694 by NoWhereToTurnl
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In my case MPS was after he left to live with OW, I was ill so only getting sickness benefit £260 per month). I was awarded it, had been left with nothing except SB for 5 months, it allowed me to feed the family animals but nothing else.

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06 Aug 12 #347695 by coasttocoast
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Applicant lives in former marital home. There is a loan outstanding which was applied for by the applicant and the applicant is currently paying this. Finances have reached first appointment stage and are awaiting a date for fdr. Applicant to mps refuses to sell property until some remedial work has been carried out, therein lies the stumbling block. Other party,ie myself wants the house sold straight away.

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06 Aug 12 #347700 by soulruler
Reply from soulruler
debts arising whilst people are married are generally seen as joint liability unless there is obvious reckless behaviour.

It does seem to me that you and your spouse need to think and be sensible as refusal to even market the property until remedial works are completed is going to make separation more and more contentious.

I hope that you can both work this out as it seems to me that you may both loose in terms of costs if this goes to court (you don''t mention the amount of the loan in the applicants name and how much potential equity split - depending upon a sale - there is).

By the time I got to a final hearing my costs to solicitors all of which I had paid up front or borrowed from my Mum were nearly £20,000 and my ex husbands were £26,000 and he had only paid £6,000.

Really think about this and keep a level head.

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