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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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Effect on disability benefits etc

  • Xtray
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27 Feb 08 #15193 by Xtray
Topic started by Xtray
My sole income in disability benefits and income support DLA Incapacity benefit.

My wife also received carers allowance there is 1 stepchild my wifes daughter from previous marraige who will be 16 this year my wife gets child tax credit and child benefit.

We live in Private rented house paid by housing benefit
I have no assets or savings of any kind

In these circumstances does anyone know what I will be left with if divorce was to take place.

Thanks for any help

Xtray

  • rubytuesday
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27 Feb 08 #15195 by rubytuesday
Reply from rubytuesday
Hi Xtray

You receive the benefits you currently get because of your disability, not your marital state. You would still get DLA, IS and IC as a single person, including your disablity premium added on to your IS.
The best thing to do would be to talk a benefits advisor, they would be able to give you more comprehensive adivce.
As you have no savings/assets, there is nothing to split!
You should be able to claim Legal Aid, and may not have to make a contribution, but you will need to check that with the Legal Aid Board (number in phone book).

Best of luck, and come back and let u sknow how you get on.

Ruby

  • LittleMrMike
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27 Feb 08 #15196 by LittleMrMike
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It is very rare for a Court to order spousal maintenance where both parties are in receipt of income support or jobseekers allowance. This is because such benefits are intended to be the minimum the State thinks you need to live on, which means you can't spare anything.

However a parent who is on Jobseekers allowance or income support may still have to pay limited maintenance for children.

There is still the matter of the house to be sorted out.

It would, I think, be a good idea for you to seek an appointment with a CAB to get advice on your benefits position if you will be living apart. It may be that one or other of you may have to find accommodation on your own account, and this may involve a transfer of the tenancy or a change from sole names into one name. Whoever is leaving would be well advised to get his/her name off the rent book, otherwise the one who has left could still be liable for the rent.

Mike

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