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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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What is Global Maintenance?

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13 Apr 12 #323509 by somuch2know2
Topic started by somuch2know2
I have been looking at what defines this as well as the pros, and cons but cant seem to find anything other than its BAD for the bloke?

  • MrsMathsisfun
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13 Apr 12 #323511 by MrsMathsisfun
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Yeap you got it in one. Means the payer is right stitched up!!

Remember sm and cm are not gender specific!!

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13 Apr 12 #323513 by somuch2know2
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Yes sorry, I forgot about all the women on here who have to pay SM.

How can I avoid getting that?
Do i just refuse and insist on each seperately? ..or wait until FH forces me into it?

What does it actually mean? From what I read its a set amount for a set time- with no consideration to children finishing school?

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13 Apr 12 #323517 by MrsMathsisfun
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My understanding is that you pay a set amount of cm and sm and they are linked so if the cm went down then the sm would go up.

I would keep saying No until a judge insists on it.

You would be able to request a veriance if circumstances changed but you would be taking a chance as that result in paying more!!

Also make sure co habitation clause is included if you have to pay sm. You only want to be paying to maintain your children not your ex''s new partner.

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13 Apr 12 #323518 by maisymoos
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I have been granted a global maintenance order until youngest child reaches 18. Basically I will get £x amount each month less any CSA payments. This provides protection for the childrens and my income needs despite what happens to CSA payments. It will only be granted if your ex''s outgoings are considered reasonable and it can be shown there is ability to pay.

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13 Apr 12 #323520 by somuch2know2
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There isnt means to pay but her outgoings read like "dear Father Christmas"

Thanks for that. I will insist they are seperate unless ordered.

Yep- Cohabitation in there, as is section 28 bar.

  • Fiona
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13 Apr 12 #323534 by Fiona
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Global maintenance is usually paid when the payer is on a high income and their is a substantial amount of SM. The court is directed only to limit SM to a term that can be identified when the recipient can become self-sufficient. If no such term can be identified a joint lives order is likely.

When there is a joint lives order or no bar to extending the term the advantage of global maintenance from the payers POV is that when CM, CB and tax credits end SM will automatically increase reducing the chances of a variation being sought. Apart from the legal costs, which aren''t insignificant, if a variation is applied for the court will consider both parties circumstances again and there is always a risk of being ordered to pay more.

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