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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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what am i entitled to

  • GLAM3185
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25 Aug 14 #442828 by GLAM3185
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I have recently separated from my husband. We have 1 girls 1 is his child the other from a previous relationship. He pays the mortgage for the house. I work 30 hours a week and earn £10,000 a year but I work for a local authority. Can I claim working tax credits and child tax credits? Do you know how much I would get? Can I clai, CSA even though he pays for the mortgage. Please help.

  • Gillian48
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25 Aug 14 #442831 by Gillian48
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So sorry you find yourself in this situation - regarding the benefits you can check your entitlement if you go on the benefit calculator - there''s one on www.gov.uk - usually if he''s contributing towards the mortgage that counts towards CM. You will need to supply a little more information if you want advice and help from the wikis - regarding your ages, ages of your child, length of marriage, health of you both, both your incomes, assets, debts, if there are any pensions etc.any equity in the property and is the property going to be sold - could you downsize? you will get the help you need - bearing in mind it''s the bank holiday you may have to be patient.

  • Miracle
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25 Aug 14 #442872 by Miracle
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Hi, I was in the same situation, same salary but just 1 child a few months ago. I have enquired about tax credits in april and got the first payment backdated in June. They will ask for all sorts of evidence like solicitor''s letters, childcare invoices,salary info,sale of house,etc. It might be different depending on who you speak to. I didnt claim through CSA as he was paying all the mortgage and I treated that as child maintenance. But now the house is sold,I am renting a house and still don''t get maintenance because he said he helped me with the deposit for the rental. I think I will have to contact them myself. Good luck.

  • WYSPECIAL
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25 Aug 14 #442882 by WYSPECIAL
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Check out www.entitledto.com for tax credits.

You could apply to CMS for child maintenance but he wouldn''t have to pay the mortgage as well so might be worth checking what you would get.

Bear in mind he would only be liable to pay anything for his own child. The father of your other child should be paying for their child.

  • Fiona
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25 Aug 14 #442886 by Fiona
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Have you seen a family solicitor? In the long term rather than claiming child maintenance through the CSA or the new Child Maintenance Service there is the option to have it included in a Separation Agreement settling the finances on divorce.

As WHYSPECIAL said the first port of call for child maintenance for step-children is the natural father so if you aren''t already claiming you could claim that through the Child Maintenance Service . If for one reason or another the natural father isn''t around and can''t be traced in Scotland it is possible (long term) to claim child aliment from a step parent if they have accepted a child into the family.

When it comes to sharing assets your needs and resources are a factor so your need to provide housing for both children should be taken into account.

  • GLAM3185
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26 Aug 14 #442936 by GLAM3185
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I tried to see a solicitor but i am not entitled to legal aid. He pays full mortgage but i am living there with the 2 children. The children are 10 and 5. In order to claim working tax credits and child tax credits do i need to provide any legal documentation. We are living in separate houses. He takes the kids overnight 2 nights a week does that affect benefits? The home is in both our names but as he has paid the mortgage will i be entitled to any of it?

  • WYSPECIAL
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26 Aug 14 #442940 by WYSPECIAL
Reply from WYSPECIAL
No you don''t need to provide any documentation to claim working and child tax credits. You can do it over the phone.

Presumably Child Benefit is in your name?

Did you previously claim CTC as a couple? If so you will need to end that claim when you claim as an individual and they will write to your ex at whatever address you give to say that the claim has ended.

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