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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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spousal maintanance

  • bosslady
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  • New Member
  • New Member
15 Mar 08 #16858 by bosslady
Topic started by bosslady
Hi new to this but here goes. My new partner is trying to arrange settlement before starting divorce procedings. He left the matrimonial home (no mortgage owing,but in joint names)and earns a modest livig. His ex does not work (no physical or mental reason why she cant)and there are no dependant children. So 2 questions: 1. could he sign over his share of the house as a maintanance agreement without having to pay her anything else? 2:If not and it needs to be sorted through the courts will they take my earnings into consideration as we now live together?

  • LittleMrMike
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  • Platinum Member
  • Platinum Member
15 Mar 08 #16867 by LittleMrMike
Reply from LittleMrMike
In answer to your questions :

1. Yes, it is certainly possible for your partner to transfer his interest in the former marital home in exchange for the dismissal of any claim she may have to spousal maintenance.

But would that be a fair outcome ? You haven't given me enough information to judge.

2. The Courts cannot redistribute the assets or income of a third party. So they can't ' get at ' you directly, but
they will assume that you are making a contribution towards the household expenses, therefore his needs are reduced and that might mean an increased order for spousal maintenance. But if that isn't an issue the question does not arise.

One piece of advice that you have not asked for ; namely get whatever you agree embodied in a formal court order. That makes it binding and prevents your partner's ex having a second bite at the cherry later. You don't have to go to Court and it can all be done by post, and it shouldn't be difficult or expensive.

Mike 100468

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