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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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SM

  • madaboutcars
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31 Jan 08 #12459 by madaboutcars
Topic started by madaboutcars
Can someone clairfy something for me.

I would like a "Clean Break" with regards to SM. Under NO circumstances do i want to go for anything else, BUT if she is adament that she wants SM, who decides.

I am a mature student at present but when i am fully qualified, should be earning £80-£100k and i dont want her anywhere near my hard earned money, not after she has tried in so many ways to stop me seeing my daughter.

FYI - X2b currently living with new partner, they have a child. i pay cm for my daughter who lives with x2b (15% of net income)

  • Josh2008
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31 Jan 08 #12462 by Josh2008
Reply from Josh2008
If she is hell bent on SM then it will most likely go all the way through to a court decision

In all probability a Judge would like to sever future obligations and rule on a 'Clean Break', it is not so clear cut as one Judge can rule differently to another

It makes sense for you s2bx to settle a 'Clean Break' now and not to rely on what might be in the future, anything can and does happen, where she could end up worse off

  • Monitor441
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31 Jan 08 #12471 by Monitor441
Reply from Monitor441
How can she justify SM when she is cohabiting with a new partner?

How long have they been living together?

Has she declared they are living together?

What does your sol say?

Mon

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31 Jan 08 #12473 by madaboutcars
Reply from madaboutcars
they have been living together since November 06 in former marital home and since moved to their own place.
I know that a judge can rule that a minimal amount (say 5p) a year is payable and then if she splits with current partner, she can come back for SM from me- or have i got that completely wrong?? :S

Would appreciate some clarification

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31 Jan 08 #12474 by madaboutcars
Reply from madaboutcars
Josh 2008

What do you mean by "anything can and does happen, where she could end up worse off"
How could that be possible if i had to pay her SM

  • Monitor441
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31 Jan 08 #12476 by Monitor441
Reply from Monitor441
Yes its the "have your cake and eat it" syndrome.

Your ex has a new relationship where she is living with boy friend and he is looking after her and you don't pay SM but if she feels that she doesn't want to be with him anymore, she can move him out and then claim off you again.

I have the same issue with my ex2b when I have just finished paying SM as she has declared she has been cohabiting for 6 months. There is anominal maintenance clause in the proposed CO which says I will start paying SM again if her relationship fails within 12 months.

I am trying to be nice to ex2b and not p*ss her off so she is ok to the boy friend. I've got 11 months to go before I am free!

You have to try and get the nominal out of the CO

Mon

  • LittleMrMike
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31 Jan 08 #12483 by LittleMrMike
Reply from LittleMrMike
I know you won't like this, but -

If I were advising your wife, and the circumstances were that at the moment you are on a low income, but might expect to receive substantial earnings in the near future, I think I would want a maintenance order, even if it were pitched at a low level, so that, if your earnings reach the levels indicated, she can come back for a more realistic order.

Even then, the fact that she is cohabiting would reduce the SM, because she is benefiting from her partner's accommodation and so her needs are reduced. It's also pertinent to ask if she could reasonably be expected to work.

One possibility is to make a nominal order but to limit its duration. I'm rather inclined to agree with Josh, if she's determined she wants SM and you are equally determined you don't want to pay it, then you are going to finish up before the beak and (s)he will have to sort it out.

Mike 100468

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