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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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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.

Refund of Maintenance/Divorce Settlement

  • Puppydawg
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20 Apr 12 #325384 by Puppydawg
Topic started by Puppydawg
Hi - wondering if someone has come across this: if maintenance has been paid but it later transpires the payee (who has always had suspicions) is not the father of the child do all maintenance payments (and divorce settlement eg house etc) have to be repaid - got divorce 6 years ago - maintenance was agreed between the two of us, not via CSA, divorce settlement agreed by the court. Last thing wanted is to force a test on the two children-just want to know what comeback I have? Dont begrudge the kids anything but the ex ended up with everything I had at the time.

  • hadenoughnow
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21 Apr 12 #325607 by hadenoughnow
Reply from hadenoughnow
This has been dubbed "paternity fraud".

There have been some cases but AFAIK the money has never had to be paid back. This would, I imagine, be because the children have been brought up as children of the family, regardless of their biological origins. They still need housing, feeding etc.

I should imagine there would be repercussions for AI and adopted children if you could argue you should not pay for a child of the family that is not biologically yours.


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26 Apr 12 #326673 by Puppydawg
Reply from Puppydawg
Thanks for that. Thats what we thought, but we have found articles (albeit where maintenance was paid through the CSA rather than an informal agreement) where it was refunded in such circumstances which is how the query came about. We really dont want to do it but the ex is using the kids as emotional blackmail for contact/finances and its almost bankrupting us. I am minded just to go to court to get the maintenance capped/resolved one way or the other but that just costs more money!

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