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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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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.


Will income support carry on after separation/ div

  • Guinevere
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14 Oct 15 #468022 by Guinevere
Topic started by Guinevere
Hi, I have recently separated from my husband and we are both in receipt of income support; me because I have been his carer for ten years and can only work part time and him because he is on DLA and cannot work. Despite trying to improve my income, it is early stages in the separation and I need to know, without putting my foot in it, if we are able to claim separately and, because I am having to rent a property now, am I entitled to claim for my rent? Many thanks for any help.

  • rubytuesday
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14 Oct 15 #468023 by rubytuesday
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Hello and welcome to Wikivorce.

Have you looked at the entitledto website - they have an eligibility calculator that lets you see exactly what benefits and how much you would be entitle to claim - you have to input a certain amount of data, but it''s free and doesn''t feed back to the DWP.

Alternatively, you could speak with a benefits adviser at your local Citizen''s Advice office for advice and information.

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14 Oct 15 #468028 by Guinevere
Reply from Guinevere
Thanks rubytuesday, I hadn''t heard of that site before and will go and have a good look. As for CAB, I''d have had more use out of a chocolate teapot:(

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14 Oct 15 #468039 by Luna Shadow
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Are you still claiming carer''s allowance for him? Are you still caring for him?

If not, then the relevant benefit for you will be jobseekers allowance and housing benefit/council tax benefit (I assume your capital is under the limit as this would have affected your income support also).

I think the income support claim would have been in your name, with him as a dependent. Alone, he would need to claim ESA.

If you are still claiming carers allowance and caring, then it may affect his benefit entitlement as living alone with no-one claiming carers allowance for him he should be entitled to severe disability premium on top of his ESA.

As Rubytuesday says, entitledto is excellent for working through the figures.

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14 Oct 15 #468042 by Guinevere
Reply from Guinevere
We have only been separated for a few weeks and will shortly be putting our home on the market; it''s a bit complicated. We have no mortgage but a big chunk of property will have to be returned to my in laws. The rest will be split equally and I will hopefully have a deposit for some other property whilst my ex will have his half plus his parents money which will allow him the opportunity of buying somewhere else outright. As I have been his carer for over ten years I have only been able to work very part time on a self employed basis and therefore in no position to get a mortgage.
Although I am divorcing him on grounds of unreasonable behaviour, it appears that I will be in a much worse position than him both in terms of housing and financially. To be frank, I don''t know what to do and am very concerned for my future. I am not sure who to turn to for help.

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