A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Outgoings ?

  • amefbi
  • amefbi's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
14 Aug 12 #349377 by amefbi
Topic started by amefbi
After 40yrs marriage ‘’I switch off’’ 6yrs ago, due to my illness, dissability, no income, depression and everything else. Husband was paying all household bills.

I became housebound, and have not been in Grocery Store of Clothing shop or on holiday etc in 6yrs. He has been on Holidays 3-4 times per year on his own. He never bought me any clothes but he got his at M&S, River Island. I have not been to test my eyes, need new glasses, and a Dentist. I never had a pennie to spent on myself. Etc, etc. I have been alone on Christmas.

Anyhow 6yrs of hell just mentioning a few and has no impact on our Divorce. But I want to claim SM or MPS as a transitional support till I can survive on my own, maybee with benefits. My income is £298 DLA, his income was last yrs 45K gross (about £35 nett ????) plus he is on Retirement as well exstra £10 per annum.

He is 61, Im 58, no children, only my dog. We have agreed he keeps his pension and I keep the FH. Mortgage(joint) payments are £750 pm. I don’t trust him that he will keep up paying the full mortgage or even his half. Council tax is £114, will be able to reduce if Im on my own and disabled.

How do I fill in my Outgoings? I have no clue what food or clothes will cost me on my own. Claiming for Cinema or magazines or travel, gardening will let my Stbx explode, as I never did this in last 6yrs, but have been all my married live before. Do I claim the £750 full mortgage as my outgoings.

Currently ‘’our’’ outgoing household bills is £1500 he has been paying, without food and his creditcards. We both have cars, paid for, I have no debts.

His sols asked me what do I think I will need for SM and I said about £1500 but not sure. She is sending me form to fill in my Outgoings, she asked how long do I want to claim SM, I said I don’t know at this stage and know he is 61 and it takes time to claim benefits.

My questions is…what is realistic on the Outgoings form, anybody with successful form that can give advise. What claims has been rejected on your form.
I want my 1st attemp to be accepted and reasonable and not going back an forth the whole time and arguing about this.

  • jonathancj
  • jonathancj's Avatar
  • Platinum Member
  • Platinum Member
More
22 Aug 12 #351243 by jonathancj
Reply from jonathancj
You really need to consult a solicitor yourself. As you are receiving dla,wouldn''t you get legal aid? I really don''t recommend going out alone in your situation.

  • amefbi
  • amefbi's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
22 Aug 12 #351248 by amefbi
Reply from amefbi
Yes I will have to consult my own solicitor,and to apply for Legal aid is £50-£60 for initial app to see if I qualify.. just dont have the funds now.

He is moving on Saturday, only pay mortgage for 6mths, no elec/gas, phone, etc. He has called the companies this week.
I know he is crazy.

Will have to apply for MPS as quick as possible and legal advice.

Thanks for your reply.

  • MrsSadness
  • MrsSadness's Avatar
  • Elite Member
  • Elite Member
More
23 Aug 12 #351284 by MrsSadness
Reply from MrsSadness
Hi - just a quick helpful point here. Legal Aid is not free, it is a loan, levied I think at 8% interest, though I may be wrong as to the amount, but you certainly have to pay it back. Just making you aware, that''s all. Bye for now.

  • sexysadie
  • sexysadie's Avatar
  • Platinum Member
  • Platinum Member
More
23 Aug 12 #351298 by sexysadie
Reply from sexysadie
Legal aid is a loan but I don''t think you have to pay it back until you settle, and sometimes not even then, for example if the settlement gives you the roof over your head. So don''t panic and think you can''t affort to use it. I hope one of the experts will clarify re this soon.

Best wishes,
Sadie

  • amefbi
  • amefbi's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
23 Aug 12 #351299 by amefbi
Reply from amefbi
Thanks Sadness, yes I am aware of this as well. It can ''''change to a loan'''' if there is Capital.

In my case there might be 10K-30K capital/cash to share.(property sale)

I also believe that Solicitors place a claim or charge?? on the house for their costs. Another worry for me as I know my stbx is dragging his feet, not complying or will not be and even the Court order/Judgement against him is going to be difficult, etc.
He will just leave the UK and the house will be forced to sell to cover cost.

My reason to Sellfrep as far as I can go. You know I have difficulties explaining myself in English :)but yep informed on Legal aid and charge on equity/cash by Sols.

  • amefbi
  • amefbi's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
23 Aug 12 #351305 by amefbi
Reply from amefbi
Sexysadie, thanks I was typing and never saw yur post. I know I wont have to pay back due to my circumstances.

Hopefully the experts can clarify this ''''charge claim'''' by Sols on Settlement.

Not that I worry about this just. I just want to keep the house, its my only concern. Roof over my head.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11