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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.


Disability Living Allowance

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06 Apr 12 #322006 by Princejandy
Topic started by Princejandy
Happy Easter.
Can anyone please tell me whether Disability Living Allowance is taken into account as income/an asset during a FDR hearing. My brain tells me that DLA is paid to the disabled person to be used for additional help they may need and if the other party needed it they would be getting it. Many thanks.

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06 Apr 12 #322009 by dukey
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It is counted as income yes.

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06 Apr 12 #322033 by Princejandy
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Thanks - a further question springs to mind!! If the DLA is time limited due to the disability hopefully being removed with further surgery early next year, will this be taken into consideration in regards to it not being a long term income when finances are discussed and divided?

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06 Apr 12 #322034 by dukey
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Yes of course courts consider all factors, historic income current income and what you are likely to have in the future, only when all facts are considered can a judge make a decision.

Your health will also be considered, both now and for the future.

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06 Apr 12 #322037 by Princejandy
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Thanks that''s a relief although I''m still a little confused as no-one is able to say what my health is likely to be like in the future, so I don''t really understand how a decision can be made or based on this. I am hoping that my circumstances are going to change following surgery next year but there is a BIG question mark over whether it''s going to be a success or not. All I do know is I''d much rather have my health back than be on DLA.

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06 Apr 12 #322039 by dukey
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Judges deal with these issues all the time, there are various avenues open to them when deciding, term/joint lives/nominal orders for spousal maintenance is an obvious option for starters.

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06 Apr 12 #322041 by Princejandy
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But how can you get spousal maintenance and a Clean Break?

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