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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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Mesher order and spousal maintenance

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08 Aug 18 #503286 by Eelwhacker
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This is the bit I have not explained properly. My current wife is redundant as of next week, not my ex. She claims disability benefit so the CM would be minimal and think the CSA would only aggravate matters. When my current wife was working we were not well off but could pay our bills, now it is just scary.

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08 Aug 18 #503287 by spinit
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So your ex-wife claims disability benefit, if she is claiming universal credit which is possible then spousal maintenance is deducted as unearned income. If this is the case then if she was awarded say £10 a week in spousal maintenance then the government would reduced the amount of universal credit it gives to her by the same £10 a week which means it's pointless making any award.

I think given your situation it's so incredibly unlikely I also don't think it's worth thinking about and it's better to focus on the house given you will at some point in the future if you don't do anything presumably have another set of mortgage payments you feel compelled to make.

How many bedrooms does the house your ex-wife lives in alone have?

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08 Aug 18 #503288 by Eelwhacker
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It has 3 bedrooms. I am not worried if she pays the mortgage/insurance or the house gets sold. But since she has refused to pay it, I feel I have no choice but to push for a sale. Especially as I have stumped up the past 9 months and owe a lot of people personally their money back. She did ask me to provide a rent book but I figured that was at best dodgy, and at worst downright illegal. The whole situation is toxic. Also does that original section I posted limit the time she can claim spousal maintenance as I just want nothing to do with her. Im not going to be rich on reaching retirement or even reasonably well off anyway but would like to know that I wont have to deal with her anymore.

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08 Aug 18 #503290 by spinit
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As you say providing a rent book and so on is just you getting sucked into her situation which needs resolving. She doesn't need a three bedroom property, she needs a one bedroom apartment in the same area so you need to force sale.

What is the value of the property and what is the mortgage remaining? What were the terms of the order relating to the sale of the property. Is there enough equity to house her mortgage free? Did you have an ongoing obligation to provide housing?

Paying spousal maintenance requires that you have excess income which you clearly don't. To answer your question the nominal maintenance was expected to last until the youngest was 21 but given the youngest lives with you between now and that time it's so unlikely that I wouldn't worry about it as it's a non issue.

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08 Aug 18 #503291 by Eelwhacker
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Hi, no ongoing obligation to provide housing. The house is worth about 150,000 and the mortgage is interest only and has 80,000 outstanding.

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08 Aug 18 #503294 by spinit
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In your mesher order does it state what portion of the property you should get and what is the trigger event or date for it to be sold?

What is the cost of a one bedroom apartment in a similar area to where the three bedroom house is?

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08 Aug 18 #503304 by Eelwhacker
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I will get 16% of the gross sale price before fees etc are deducted. As for the triggers, they are the normal of 6 months cohabitation, the youngest reaching 21 or leaving tertiary education etc pretty standard bit that part.

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