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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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the law

  • mememe
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17 Mar 08 #17020 by mememe
Topic started by mememe
We are not married by law but are splitting up after 15 years and 3 kids. Do the laws still apply? If not what laws do and where can I get help?

  • LittleMrMike
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17 Mar 08 #17038 by LittleMrMike
Reply from LittleMrMike
Not an expert on this, madam, but he still has to pay for the children, of course.

As to other matters - I advise you consult an experienced family lawyer and preferably one who offers 20/30 minutes free advice. There was a recent House of Lords decision called Stack v Dowden which may help you.

Mike 100468

  • familylawyer
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17 Mar 08 #17039 by familylawyer
Reply from familylawyer
As you were not married, you will be treated differently in some areas of law.

The following leaflet is helpful:

As you have posted this under "maintenance", I presume that is your main concern. Child support through the Child Support Agency ("CSA") is calculated at the same level, but you will not be entitled to maintenance for yourself known as spousal maintenance between a husband and wife. The CSA calculation will be 25% of your partner's net income if all three children are to live with you, with possible deductions for overnight contact with your partner and any other children your partner has to support. You may wish to try and agree maintenance between you rather than involve the CSA.

If you need further advice I would suggest you contact a specialist family solicitor who is a member of Resolution www.resolution.org.uk, an organisation of family lawyers committed to resolving disputes in a non-confrontational way.



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