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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.

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STBX Student Loan

  • cas50
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30 Oct 12 #363839 by cas50
Topic started by cas50
Hi

Just exchanged form E''s and about to head into our FDR/First Appointment.

My STBX has noted her student loan as a liability. I understood that student loans were individual liabilities and not shared and subsequently not relevant.

I would also think that the incredibly low repayment rate of a student loan when earning the salary she does should also be taken into account. I think the rate is £18 a month!

Could someone please confirm?

Thanks

  • mumtoboys
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30 Oct 12 #363843 by mumtoboys
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it''s still an outgoing for her, regardless of how little it may/may not be. I would therefore think it appropriate it be listed as one of her liabilities. It doesn''t necessarily mean she''s looking for it to be paid back as part of the divorce process or that a judge would take it into account.

It is true that repayment levels are low but they increase with salary earned. If she is therefore on a ''good'' salary, it is unlikely she is paying at the lowest rate. In any case, it should show up on her bank statements somewhere which you should have copies of if you have exchanged your form E.

  • Yummy_Mummy
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30 Oct 12 #363844 by Yummy_Mummy
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All Outgoings and liabilities must be listed and considered. This includes all financial commitments.

Potential to earning now and after graduating will also be taken into account at the FDR.

Repayment of Student Loan is percentage based on the salary earned.

A good solicitor will address all this.

  • u6c00
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30 Oct 12 #363856 by u6c00
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Student loan repayment rate is 9% of salary over £15000 (for loans between 1998 and 2012). You can therefore calculate her salary to be approximately £17500 pa. (£18 x 12 months / 9 x 100 + £15000).

It is almost invariably deducted at source (through PAYE) so probably wouldn''t show on bank statements but should show on payslips. The only exceptions I know of to this are where the person doesn''t pay tax through PAYE; i.e. the person is self employed or where they live abroad etc.

As others have said, she may be listing it simply to show an outgoing rather than a liability for the debt itself.

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