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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.


I haven't got a clue!

  • missymoo
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14 Apr 10 #198181 by missymoo
Topic started by missymoo
Hi - I am new here. I hope I can find some answers I am looking for.
I am in a 'situation' with my husband and I am seriously considering leaving the relationship.

I will try to keep it short.
We are both registered disabled, recv dla,etc.
We rent a house and have help from council with council tax and housing benefit.

I have two children from a previous marriage - 16 and 19, both in further education (college and uni) thankfully with financial help for the uni student.

one child lives with us.
(I have residency)

I personally recv
CSA for youngest child only now
DLA
Incap benefit - long term

Husband recvs
DLA, plus all the family related crud that goes with it
Carers allowance (for me)
Family tax credits
child tax credits
Plus a bonus from a 'ticking over' business - it doesn't yield very much but it still makes something.
He has written and sells a gaming book that he gets money for - again, it is not significant and a fair bit of it goes to charity.

Plus he recvs the housing benefits and anything else 'we' get as a couple.

I spend most of my time living at my mothers home a few hundred yards round the corner - I try to stay out of the way as much as I can. My children live at the rented family home.

My question is -
If and when I decide to leave - what will I recieve - will my financial situation change - will I lose out - I can barely survive on what I have now.
Will I be entitled to my own housing benefit/help
I hope to have at least one of my children living with me if possible.

I am petrified of having no money or so little that I can't run a car for instance. I know there are many people out there who have so little. I am so worried. I can stay with my mother for now but she is elderly and has a small bungalow. I miss my children and want my life back.

Help? I hope I have included everything. ANY help/advice/answers would be so very welcome.

Thanks...
MM :blink:

  • rubytuesday
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14 Apr 10 #198182 by rubytuesday
Reply from rubytuesday
Missymoo

You will be classed as a single person (or parent if you have a child living with you), and will be assessed as a single person.

The CAB usually have benefit advisers at each branch - give your local office a call, and the adviser will look at your own individual situation and be able to advise on which benefits you should be entitled to if/when you leave the relationship.

www.adviceguide.org.uk/index/your_money/benefits.htm

  • missymoo
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14 Apr 10 #198189 by missymoo
Reply from missymoo
Thanks for your prompt relply. I will do so...It has always held me back in the past. I really must do something about it now. Thanks again.
MM

  • nononsense
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14 Apr 10 #198191 by nononsense
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Hi

You could input your info here and get an idea of what you can claim

www.turn2us.org.uk/benefits_search.aspx

  • missymoo
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14 Apr 10 #198196 by missymoo
Reply from missymoo
Hi nononsense
Thanks for this link. Very informative. I have some good idea now about what comes next. Just needs tying up the loose ends...
Thanks
MM

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