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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.


Spousal Mainteance

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16 Apr 12 #324218 by somuch2know2
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OMG- that is a lot. I think I have read this thread previously, and I correct my statement to say

It is the working person who usually gets screwed.

What constitutes as capacity to work?
If someone gives up work at an early age, but then as 25-30 years until retirement, surely this would not warrent a joint lives SM?

What defines large disparity?

And if "lifestyle" was funded on debt how is that now factored?

Or does it all depend on the judge of the day

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16 Apr 12 #324222 by dukey
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It is the working person who usually gets screwed.

I tend to think of it as fair entitlement not being screwed.

What constitutes as capacity to work?

Age health and experience.


If someone gives up work at an early age, but then as 25-30 years until retirement, surely this would not warrent a joint lives SM?

Only if they have good reason, health being the obvious, if a person gives up work in order to manipulate or defend a claim during divorce it will count for nothing.

Lets say (and this happens) a guy earns 50k his wife cannot work never could, the guy says if you claim SM i give up work, what does the judge do? he has no income now, not a problem the judge compensates by giving a higher level of the liquid assets to the wife and adding a nominal order for SM for when he does take up work again.

What defines large disparity?

Again there are no rules with this, its the ability of the higher earner to meet the need of the lower earner assuming SM is relevant to the matter.

As a basic idea the higher earner needs to be clearing 2k net per month before SM is a due consideration, the higher earner needs to live too.

And if "lifestyle" was funded on debt how is that now factored?

Then it was a house of cards and irrelevant, a judge will not order SM that means the payer needs to borrow money to pay the order, orders must also be sustainable for the duration.

Or does it all depend on the judge of the day

Judges have some discretion, but it is limited, the simplest test for an order is, could another judge reasonably have come to the same conclusion, if the answer is no then the order can be considered perverse meaning it could be set aside upon appeal.

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16 Apr 12 #324224 by somuch2know2
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Dukey- You are great.
One more.. when you say netting 2K. Is this before fixed costs or after.

Fixed defined as necessities
commuting
CS
mortgage
etc.
???

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16 Apr 12 #324225 by dukey
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And now the bad news, i charge £10 per answer, why should the lawyers have all the fun eh!

Net is usually gross less

Income tax
National insurance
Pension contributions

And of course CM

There are a few exceptions, if you work in the city and need a rail card @2k per year then it is likely to be deducted with the above to leave the net income, if you don`t have the ticket no ticket no work no work no income no income you pay nothing.

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16 Apr 12 #324226 by somuch2know2
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OMG..
So she can get essentially a mortgage free house, while I have a hefty one and this isnt considered???

Oooh yes I have a massive rail-fare and parking.. All so I can commute 2 hours to ensure she doesnt have to work.

Kill me now.

But the good news??? There is some good news isnt there?

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16 Apr 12 #324228 by dukey
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Its a sunny day, will that do?.

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16 Apr 12 #324230 by somuch2know2
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Ha.. NO
Im very nervous about this SM nonsense-
I make a good wage, but a large percentage of that is a monthly discretional.

Even with that- once I take out all my outgoings..

3 bed mortgage
Council tax
Credit card debt/ OD
Water
TV License
Mobile phone
Broadband
Gas & electricity
child maintenance
Travel (season train ticket)
Parking at Station
Perscriptions
Car
Car loan
Car insurance
Road tax
MOT
Redundancy insurance
Home contents insurance

I have just under 2K left.. That isnt even feeding me! And as you can see there is NOTHING above I can get rid of.

Once she pays all of the above she has 6£600 more than me a month- and that is without working!!!!!!

If she went to work she would be 1600 better off a month than me.

Please tell me a judge will look at this and say "on yer bike" to my wife?...

I feel like shaking one of those magic black balls to see what it says!

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