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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Maintenance Pending Suit

  • 80SGIRLWOKEUP
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01 Mar 08 #15468 by 80SGIRLWOKEUP
Topic started by 80SGIRLWOKEUP
hi all
need a little help with MPS
can anyone explain what this entails?
My ex stopped paying into our joint bank account in June 07, he previously paid into account each week and covered all direct debits for utilities and school fees etc. This account is currently £10,k overdrawn! We have an agreement from his Solicitor which states he would maintain payments into this account!
I am very worried the only reason bills are being paid is because there is an overdraft facility on the account.
I have also been in receipt of a monthly cheque from ex to cover food, petrol, etc. I have not received the cheque this month and have been told by ex that as we are now divorced he is no longer willing to give me agreed cheque ( i recently got my NISI but have not signed absolute yet another 3 wks! I have checked with the Bank and at the moment he is still paying the mortgage on our family home where i am living with our 3 children, he is paying this from his business account.
My Sol and Barrister are preparing Ancil Relief Aff at moment.
My Sol has advised she is to issue MPS on Monday, what does this entail and do i need to get paperwork together to prepare for this? At the moment the only bill he is still paying is the mortgage which is held in joint names.
Thanks any replies are appreciated
80s

  • Fiona
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01 Mar 08 #15493 by Fiona
Reply from Fiona
There is no special law relating to MPS, it is awarded according to the usual MCA1973 criteria, the difference being it deals with the short rather than the long term. You will need paperwork, but usually the hearing is short and the judge only has a quick glance at the overall financial position.

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01 Mar 08 #15502 by hostee
Reply from hostee
Just to add
I had a MPS hearing at the end of Jan as my STBX had stopped paying any agreed maintenance to me, and we both presented statements which our sol had put together with our basic requirements and outgoings and although in most cases there is a balnket approach at these hearings and no x examination, as my x had taken loans out and tried to hide money we were both examined and cross examined in court then an amount was decided on that he had to pay and it went in a court order, which although it wasnt enough at least it was guarenteed each month and I could try tp budget accordingly... it was nothing to heavy and if your are honest and up front then there is nothing to fear.
good luck

  • 80SGIRLWOKEUP
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01 Mar 08 #15508 by 80SGIRLWOKEUP
Reply from 80SGIRLWOKEUP
thank you for your replies which were helpful
just wondered will the judge look at the DDs for utilities which is being paid by overdraft facility on joint account
Will the judge reinstate the weekly payments my husband was previoulsly making too cover these
things like gas electric rates etc they r only being paid at moment as there is a overdraft facility on the account?thanks 80s

  • Mneme
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22 Feb 09 #91768 by Mneme
Reply from Mneme
Fiona wrote:

There is no special law relating to MPS, it is awarded according to the usual MCA1973 criteria, the difference being it deals with the short rather than the long term. You will need paperwork, but usually the hearing is short and the judge only has a quick glance at the overall financial position.


Me again - I have just filed Form A with petition and have sworn an affidavit as to my financial details for MPS, and I was under the impression that this was enough for the time being.
Getting concerned because my solicitor was aware I would be overseas very soon for at least six weeks when she told me what I would need to do. In answer to my stbx's question this morning as to what I am going to live on when I am out there (he paid for the ticket so is aware I've no money) I haven't the faintest idea yet but if I have to I will go back to FMH in the short term but not share a room.
I guess I will have to have with me all the details I need in support and supply these by mail?

Don't think I want all the fuss any more, am again close to throwing in the towel.

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