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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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Maintenance

  • The Cheltonian
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30 Jan 08 #12347 by The Cheltonian
Topic started by The Cheltonian
My wife left me and our 3 children(13,16,18) 10 days ago with a promise of paying her January monthly salary of around £1200 into our joint account.I am disabled and can't work and am on Incapacity Benefit of approx £400 pm.When I checked the account her salary hadn't been payed in and I was left with unpaid direct debits.:angry:I checked the CSA website and it says she should be paying approx £236 pm for the children. She has offered me £200 pm instead and she says she will not pay me any money to cover the mortgage and other debts that we ran up as a couple. The next day a letter came from the bank saying that her name was being removed from the account and would I agree to pay any outstanding debts ie Overdraft,Credit cards, loan etc.Do I have to agree to pay off these debts? If not how do I just pay my half of the debt?
My wife left me for a "healthy" man as she put it and the worst part of it is that her job is as a Care Leader in an old peoples home.
Please help me, I am on so much medication for pain that I feel helpless and tend to forget things easily and my wife used to take me in the car if I had to go somewhere but she's taken that too making a visit to a Solicitor very difficult and costly.

  • Josh2008
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30 Jan 08 #12355 by Josh2008
Reply from Josh2008
If there is any debt owing to the bank, write to them politely and state that you wish your name removed but you will not be responsible for any of the debt.

The likelihood is that they will not remove it as they can come to either of you for the outstanding debt.

I think you need to urgently seek an interim maintenance order and you can apply to the court for this straight away.

The sooner you apply the sooner they will deal with it; the problem you are faced with is enormous as you have no way of coping with mortgage etc.

Speak to the jobcentre or incapacity benefit office, explain your situation and see if they can meet the mortgage in the meantime.

  • Fiona
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30 Jan 08 #12362 by Fiona
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Sorry to hear of your predicament. You need to maximise your income by checking you are in receipt of all the benefits you are entitled to ( try www.entitledto.co.uk) and reduce your outgoings. CAB can advise too. Talking to your mortgage lender and trying to change the mortgage to interest only or taking a payment holiday if possible may give you some breathing space whilst the finances are sorted out.

I disagree in part with Josh's excellent advice. Courts award spouse maintenance or maintenance pending suit not only according to your need but also on your wife's ability to pay. After she has paid you CM I don't think she will be seen to have that ability as she has her own living costs to meet. In circumstances like this usually there isn't that much discrepancy in incomes once all the benefits are claimed.

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