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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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Separation and Financial Entitlements

  • AngieOdd
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22 May 12 #332291 by AngieOdd
Topic started by AngieOdd
My husband has had two affairs (the last one being discovered at the end of last year) He left home but came back a few months later to try and work it out. Since then, I''ve discovered that he is still in contact with her and is making several secret calls, texts and lying consistently. We have been through hell and back to try and resolve this, but I have finally come to the decision that I can no longer do this anymore as it''s making me ill. I now want a separation, it''s over for me, I can never trust him again. He runs his own company but does not currently have any contracts and no money coming in. He has said that we can separate when he gets a contract. My question is, if we separate, what legal obligations does he have financially. He is capable of earning big money, I on the other hand am only working part time on a salary of £7k. Our child is 16 and will be going into 6th form in September to study A levels. There is no way I can survive on my money and he knows that, but I just cannot live with the lies and deceipt any longer. We have a mortgage in joint names and bank account in joint names and I am also an employee of his company earning a minimal wage, (although it just goes into our joint account) and am a director and 50pc shareholder. The problem is that although he earns big money he only pays himself a small salary and the rest goes through as expenses. It''s all a bit complicated, do I have any rights just being separated or is it only when divorced.

  • LittleMrMike
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23 May 12 #332366 by LittleMrMike
Reply from LittleMrMike
My immediate reaction is
Firstly, he would have to pay you child support, which depends on parenthood and not marital status.
Secondly, it is possible for you to have a Separation Agreement whereby you agree to live apart and this can, and often does, contain provision about finances.
Thirdly, I''m not quite sure, to be honest, how one deals with the issue that arises when you have someone like your husband who can choose how much he pays himself. I would have thought, logically, that he might be credited with the salary that he could reasonably draw , without, of course, going to the other extreme and drawing out more than the financial state of the business will stand. But you do definitely need the services of an experienced family lawyer here, and, I suspect, perhaps an accountant as well. But you need to be aware that such an agreement has to be '' fair '' to be enforceable ( whatever that means ! ) and you would need legal advice and a full disclosure of assets on both sides.
Fourthly ( and this is a question only you can answer ) is it really over between the two of you ? Because if it is, what advantage is there for you in delay ? Aren''t you just prolonging the agony and - worse - adding extra expense ?
From his point of view, he can refuse to divorce you, but he knows that you can divorce him, so that might be a possible incentive for him to be realistic in negotiations for a separation - ie if he plays silly beggars you can simply go for divorce. But unless you are considering a trial separation ( and it doesn''t look to me as though you are ) then I see little point in a separation agreement unless, perhaps, you have religious/moral objections to divorce.

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