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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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Queries on applying for legal aid

  • kingpleb
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12 Apr 12 #323211 by kingpleb
Topic started by kingpleb
When applying for legal aid do you need to start paying child maintenance first or can you put in the amount you are going to pay?

My other problem is i can not afford to rent a flat or anything out right and as my family live far away from my office i have been offered a solution.

I can rent a room in a house share for about £70 which will include all my bills and mean i don''t have to sleep in my car overnight when at work, but my parents have offered me rent of their 2 free bedrooms to store my stuff in as there is a LOT!, and stay in at the weekends with the kids when i get contact as i wouldn''t want to stay with them in a house share as i wouldn''t feel their safety would be good enough.

If i do this my monthly rent allowance is easily taken upto £545 and maintanence for 2 kids PCM is circa £200+ which would bring me under the £733 by about £30+.

Would this be enough to justify legal aid?
I cant prove any of this until i get paid at the end of the month and start all of this and haven''t started off with the CSA/CMO yet either as my pay is messed up until my payslip arrives as well :(

Do they let you go ahead pending proof and then if the proof fails you have to foot the bill or is it all proof based?

  • TBagpuss
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12 Apr 12 #323269 by TBagpuss
Reply from TBagpuss
It is all proof based.

If you are applying for Legal Help, you would have to provide details of your income from all sources for the past month. You can only count child maintenace and rent you have actually paid. I do not think you could count 2 lots of rent. You cannot count the child maintenace unless you have actually paid it.

  • somuch2know2
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12 Apr 12 #323270 by somuch2know2
Reply from somuch2know2
If someone is getting legal aid and will have racked up significant amounts un-necessarily- is the money owed considered when assessing how much is needed to house the children?

My wife has been racking up significant amounts but has yet to pay. We do not know if she has financial aid or not but I was told this debt would be condsidered when assets are split???

Am I assentially paying for her to screw me over?

  • kingpleb
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12 Apr 12 #323271 by kingpleb
Reply from kingpleb
No problems, thank you.

I''ll have to wait until I''ve got paid then.

Would it be possible then to pay it all to my parents and they then pay the place where I''d spend 5days a week??

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