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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.


Spouse Maintenance?

  • tashy1
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20 Mar 08 #17248 by tashy1
Topic started by tashy1
Have no idea how this works - both my husband and myself work but his income is significantly higher than mine now (what a shock he suddenly wants a new life now he is doing well!!). We have a number of debts but all of them are in sole names and over half of them are in my sole name as I was the higher wage earner for a number of years. Will I be granted Spouses Maintenance even though we don't have kids?:S

  • dukey
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20 Mar 08 #17254 by dukey
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Hello

Based on what you have siad you may well get SM its aim is to smooth the tranistion from being married to being single and all the expense this involves so apply and good luck, by the way your debts are marrital jiont debts.

dukey

  • LittleMrMike
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20 Mar 08 #17256 by LittleMrMike
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It is certainly possible for spousal maintenance to be awarded if there are no children, but I'd like to make a few comments.

Basically SM depends on one spouse's needs and the ability of the other to meet them. It is likely to be awarded in your case if there is a significant disparity in incomes ; as a general guide ( and no more than that ) you could be looking at it if he has 66% of the joint income.

However, SM is only part of the package and can be affected by other things ; for example, the matrimonial home and what is to happen to that. If a wife gets a high capital settlement her SM could be reduced or eliminated.

I think your best bet is to gather together ALL the facts about your financial situation, and what you know about your husband's, and get an hour's legal advice on your own account from an experienced family lawyer, and most ( if not all ) posters on this site would suggest that you seek out someone who is a member of Resolution ( see Yellow Pages ) or a collaborative law practicioner ( you can read about this elsewhere on this site in the divorce guide )
and try to resolve the matter by mediation or negotiation,
Much better and cheaper than going to the Courts, which should be avoided if possible. The more you spend on lawyers the less there is for both of you.

Mike 100468

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20 Mar 08 #17258 by tashy1
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Thanks for that, I will make an appointment to speak to someone about this today and get the ball rolling!! What a difference a day makes, yesterday planning a holiday...today looking for legal advice!! Thank you!!

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20 Mar 08 #17259 by tashy1
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Thank you for your help, my husband definitely brings in more than 70% of the family income now and I doubt we have much equity in the home as we had just bought and prices had not moved significantly. I can imagine we will both look for new properties and that there will be minimal in terms of assets. I know a limited amount about my husbands income but I will get together what I do know and book in for some advise as you suggest. Incidently, when we met he worked in a bar on a very low wage, will it make a difference that I have supported him through a number of low paid, then medium paid jobs before he struck it lucky with a business venture? Thanks again!!

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