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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.

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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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is it fraud?

  • minxy1912
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08 Sep 12 #354652 by minxy1912
Topic started by minxy1912
My ex husband wants half of the profits made on a rental property we joint own,but he claimes income support.
If i hand over half the profit, will this class as benefit fraud?

  • u6c00
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08 Sep 12 #354656 by u6c00
Reply from u6c00
No, but he will be required to declare the income and his income support may end or be reduced.

If he fails to declare his new income then that would be benefit fraud.

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08 Sep 12 #354657 by minxy1912
Reply from minxy1912
even if he knows the income is comming?

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08 Sep 12 #354659 by u6c00
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Once he receives additional income he will need to phone DWP and tell them that he now has an income. They will then reassess his claim and decide whether he is still entitled to IS.

If he hasn''t been paid anything (yet) then he hasn''t done anything wrong.

If he doesn''t declare his new income to DWP when he receives it then he will be committing benefit fraud.

There doesn''t seem to be any obvious reason why being on benefits and anticipating a new source of income should disqualify him, or mean that he is doing anything illegal.

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08 Sep 12 #354669 by LittleMrMike
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I''d be careful. Ownership of any capital in excess of £6000 can affect any means tested benefit.

I think you may find in any event he remains under an over-ding duty to disclose material facts or changes in circumstances.

LMM

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08 Sep 12 #354673 by minxy1912
Reply from minxy1912
Thanks u6c00.
Little Mr Mike,capital??? is that in property? or in cash?

  • MrsSadness
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08 Sep 12 #354675 by MrsSadness
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Liquid - as in cash, I think you will find. Hope this helps!

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