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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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Help! Baby on the way....

  • annascavo
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11 Feb 08 #13488 by annascavo
Topic started by annascavo
Hi!

I'm looking for a some advice on my current situation. My partner has just got his absolute through. Through the courts it was decided he would have to pay his ex monthly maintenance of £600 for the next 3 years. My partner and I have cohabited for 2 years however we chose not to disclose this because his ex-wife is unfortunalty a bit crazy and very vindictive (an understatement!) and I wanted to keep myself and family out of all proceedings due to stress as this has been a very nasty divorce. I have not worked for 18 months (i'm studying) so I make no financial contribution to our household at present.

Anyway, I have just found out I am pregnant which my partner and I are very happy about. What I would like to know is, will my partner's maintenance to his ex-wife be reduced as we will struggle on one income which has to support my partner, his ex-wife, me and now a new baby?!(he earns approx £60,000 before tax, he got £20,000 equity, she got £90,000 and half pensions). We currently rent a small flat, have 1 car, no savings yet (all money went on court costs!!) except the 20k we will put as a deposit for a house in future. His ex wife works full time and will have a tiny mortagage. There are no other children involved.

However, we don't want to get into trouble for not declaring the cohabitation.

Please help!!!!

  • IKNOWNOW
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11 Feb 08 #13491 by IKNOWNOW
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Hi, first of all, congratulations on your pregnancy.

Please can you clarify what you mean by paying £600 a month for the next three years; is this because any children will then be out of education, or is that spousal maintenance?

As for the co-habiting, I don't know your story but I guess it could come back to bite you if your partner's x wife takes him back to court to vary an order if you talk about reducing her money.

The court does not deal with child maintenance though, so if the £600 relates to child maintenance then that could be a different matter!

Post some more detail and you may get a fuller answer.

Regards, Sarah

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11 Feb 08 #13498 by annascavo
Reply from annascavo
Hiya! Thanks for getting back so fast! The £600 is spousal maintenance (they were married 20 years). They have one "child" together who works full time,is 21 though she lives with the ex-wife and pays her £250 per month digs.

If we wait a few months (after the 3 month mark)then say we are expecting the baby and want to move in together (not mentioning revious cohabitation), will the court then review the £600 to see if can be adjusted downwards?

I wouldn't dream of doing it if I thought it would leave the ex-wife poorly off but she is in fact cohabiting with a woman and has been for 8 months. (Although it is common knowledge among their family, my partner cannot prove it as she denies it when questioned in court. The woman living with the ex-wife contributes greatly to the household as insunated by the daughter who refuses to get involved and won't be brought into court.)

Therefore I don't feel bad about my partner pursuing a reduction in spousal maintenance.

Any opinions on whether the £600 could be reduced so we can afford to start our lives?

Many thankyous!!

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