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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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Divorce going through, need advice on maintenance

  • mobrien83
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28 Mar 12 #320517 by mobrien83
Topic started by mobrien83
Good evening,

I have a very brief and general question which ''I hope'' someone can help me with, this evening.

As from the subject, my divorce is currently going through and is expected to take another 3-4 months. This is OK and accepted by both of us.

However, I have been having sleepness nights worrying about potential maintenance and I don''t know where to turn. I am simply looking for someone (other than my own solicitor because they take forever!)to look at my finances and commitments and to give me a rough estimation of what I should/could be paying once the divorce is through and a Consent Order is made etc.

Quick overview: Marriage lasted just over 2 years, we have 1 child together, I pay monthly maintenance to my childs mother & always have done, which we agreed between ourselves (a lot more than the CSA!). No issues (anymore) with child contact, I have a pension, a car and a few £k of savings as does my ex. No property involved. Ex has lived on her own and has ''found her feet'' for 9 months (we sepearted last June).

Appreciate any help or just as important, support.

Thanks,

Matt :)

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28 Mar 12 #320518 by mobrien83
Reply from mobrien83
By the way, I know I can use the Divorce Calculator but I am quite happy to pay for some professional advice as long as it doesnt take weeks!

Cheers

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28 Mar 12 #320525 by epitome title
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Sorry, I have no advice on maintenance as my children are now adults, however I think I have read somewhere that it is usually 20% of earnings.

It might be worth giving the calculator a whirl for a ball park figure though.

I am sure you will get some more advice from the lovely Wiki peeps and support is only ever a post away - why not try popping into chat sometime, lots of support on offer in there

Best wishes :)

  • mobrien83
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28 Mar 12 #320527 by mobrien83
Reply from mobrien83
Thank you although this doesnt answer my question. I am looking for someone with professional knowledge to help me.

I find it incredible that I should have to pay my Ex 20% of my earnings after a 2 year marriage!!! For how long???

  • WhiteRose
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28 Mar 12 #320529 by WhiteRose
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Hi & welcome to wiki!

My understanding of SM is in those cases with young children (younger than school age) is that if the receiver of the money shows a need and the payer shows they can afford, then its calculated from that point.

As so many different things are taken into consideration, its difficult to even given any rule of thumb, except there are maximum levels that should not be exceeded.

SM can have triggers for it to cease.

Take care

WR

  • Fiona
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28 Mar 12 #320547 by Fiona
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There isn''t enough information, in particular your respective incomes for anyone professional or not to answer your question.

The general gist is spouse maintenance depends on how any assets are split, whether there is a big discrepancy in incomes, the needs of one party and ability of the other to pay. The welfare of children is the priority, especially keeping a roof of their head.

From your wife''s point of view the only amount of child maintenance she can rely on is the CSA rate. You say she has found her feet but it appears she has needed you to pay over and above CSA rates. It may be the way forward would be to pay the amount you pay over and above CSA rates as spouse maintenance.

Your wife has the responsibility of housing the child for many years to come and having a child makes it more difficult to earn the same money as when there are no children. If there aren''t any assets and you can afford to contribute towards her living expenses SM is likely.

There are firms that offer professional legal advice over the phone (try Google)although calculating an appropriate level of SM is complicated. A solicitor in possession of all the facts and knowledge of the local courts is in the best positions to advise.

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