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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.


If seperated but living in same house- & I move

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30 Dec 11 #303887 by xxxxhelpxxxx
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I am stuck in a similar situation and this has been quite helpful.

I am still living in the FMH but am divorcing him for adultery (his child is due in 5 weeks). I want to move out - he will not move out and I am fairly happy to do so.

I am a student nurse full time at Uni with DD18, DD15 and DGS1 to look after. They will be living with me.

We are undergoing mediation. My financials are fairly straightforward. he hasn't even started on his and has no intention of doing so any time soon.

Are the regulations referred to above for housing benefit (ie social housing) only or do they apply to LHA (local housing allowance)?

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31 Dec 11 #304000 by sallyc
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LHA is the scale rate(s) used to work out how much HB you are entitled to if you are renting from a private landlord. regardless of your landlord- private, local authority, housing association- any help that you get to pay your rent will be HB. so yes, the link that i posted applies in all cases.

hope this helps.

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03 Jan 12 #304441 by xxxxhelpxxxx
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I went to the CAB today about moving out and claiming housing benefit.

They were of the opinion that it would not be possible because I would be making myself intentionally homeless. There are no issues with DV and I have a home to live in.

They told me that I should go to the Council to see what their take was on the matter!!

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04 Jan 12 #304465 by sallyc
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hm, don''t agree with the CAB at all. when i separated from my ex, i moved out of our (jointly owned and mortgaged) FMH and into a privately rented house. i paid the rent on my own for the most part, but when my wages reduced slightly, i made an application for HB and was awarded a small amount each week. the council knew all of my circumstances. also, a friend of mine was in an identical situation (left FMH and started privately renting) and she has been claiming HB for well over a year now pending the outcome of the Ancillary Relief hearing. again, the council are well aware of the situation with her FMH and are periodically reviewing her application. these are two different LAs, by the way.

i wonder if the CAB are getting their wires crossed somewhat regarding the availability of council/housing association homes in your situation? it''s certainly true that you would be unlikely to secure yourself social housing when you have essentially made yourself homeless. really, this is the only thing i can think that they might be referring to.

hopefully the council will put your mind at rest. i will say, though, that the first person i spoke to at my LA was not fully aware of the rules so do be armed with the HB regulation/schedule that i quoted.

let us know how you get on. good luck!

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05 Jan 12 #304856 by xxxxhelpxxxx
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Well, I went into the Council and spoke to a very helpful lady.

She said that there would be no problem with claiming housing benefit, as long as the financial situation was being sorted out. I asked whether there was a time limit on it because I had read about 26 weeks and she said there wasn''t. The claim would be reviewed regularly and as soon as settlement took place any money would be taken into account then. She said I would be entitled as long as necessary.

She even pointed me in the direction of other help I may be able to get, such as discretionary housing payments and utilising a deposit scheme that the Council runs.

However, she worked out that I would only be entitled to claim for the 3 bed rate whereas the LHA calculator says the 4 bed rate because of the range of ages.

It''s all looking up :)

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06 Jan 12 #305009 by sallyc
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great news, i''m really pleased for you. hope you can find somewhere for you and your children soon.

just a quick tip: when you apply for housing benefit, provide copies of your latest mortgage statement and a copy of any letters that you have from solicitors, estate agents or the mediation service to show that the financials are being dealt with. this will save you from delays later on. expect to have to fill in additional forms as well about your FMH. also (and this is a good one to keep in mind with private landlords), if there is a delay in your claim being decided, you can request interim payments of HB pending the final award. in my experience, it''s not something that councils are quick at disclosing but it can be helpful if you have a landlord breathing down your neck.

good luck :-)

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