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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.

Am I being screwed here?

  • HIM
  • HIM's Avatar Posted by
  • New Member
  • New Member
24 Apr 07 #106 by HIM
Topic started by HIM
i'll try to keep it brief..
Left my wife of 9 years 6months ago after finding out she'd run up huge debts in my name++. 1 daughter who's just 8.
according to csa website i should pay about 239/month. my ex is demanding 400/month and had a lawyer draft a letter saying you will pay 400 etc. She oes work, granted part time and she is in the ex-marital home.
What with payin back the moneys due to various folk, rent on my own place and her 400 its just about impossible to keep afloat plus she uses my daughter as bait i.e. you tow the line or you dont see her type of thing.
Do i just pay the CSA reccommended amount? Surely as she is in a job etc the "spousal maintainence" thing doesnt apply here, does it? So am i being done over again here please??? HELP!!

  • DownButNotOut
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  • Visitor
24 Apr 07 #108 by DownButNotOut
Reply from DownButNotOut
This response covers both your questions:

You basically need to sort out a financial agreement between you and your wife.

This must be written as a Consent Order and sanctioned by a court so there is no comeback later.

You can agree this between yourselves, use mediators, use soliicitors - and only if you cannot agree then battle it out through the courts.

For the time being you are only obliged to pay the CSA child maintenance rate.

She needs to apply for interim maintenance payments if she is not happy with that.

After 9 years marriage you will be entitle to a percentage of the house, but as it was hers before the marriage and she will house your daughter then i expect this percentage will be quite low - 20%ish.

All debts you have are joint - i.e. she is jointly liable for the debts in your name. In practise that means that when you divorce the debts are taken into account and settled if possible from the assets available.

Your 'worst case' scenario where, she keeps all the house, you get the debts, and you pay 400 per month is unlikely to happen.

Spousal maintenace is typically relevant where the higher earner earns over double what the lower earner earns. Without knowing what you both earn I cannot comment further on SM.

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