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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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maintenence

  • hapus
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26 Apr 12 #326700 by hapus
Topic started by hapus
Hi
just a quick question...if my husband is paying for half our mortgage is he still eligible to pay me maintenence for our 3 children?
thanks x

  • ditchedagain11
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26 Apr 12 #326703 by ditchedagain11
Reply from ditchedagain11
Hi,

CSA maintenance for the children is always a requirement under UK family law until they are 19 or out of FT education whichever is sooner. It does not matter what agreement is in place surrounding the FMH he must still pay CSA.

Kind Regards

DA

sorry guess i was wrong on that one then

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26 Apr 12 #326704 by Fiona
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It''s swings and roundabouts. He has a CM liability, but if you are enjoying sole use of the former matrimonial home it it could be said you should pay your share of the mortgage and his share for occupying his share of the home. If that leaves you struggling financially and he has the ability to help out once he has met his own living costs he may need to help you out with the mortgage.

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26 Apr 12 #326707 by WhiteRose
Reply from WhiteRose
Mortgage payments can be made in lieu of CM.

Be aware that if you go to the CSA for CM, he may stop paying his half of the mortgage. As Fiona says if you are the one occupying the family home, then he could argue you pay all the mortgage as you are enjoying the sole benefit.

Do the calculations and see if keeping it this way he is contributing the correct amount.

www.csacalculator.dsdni.gov.uk/calc.asp

WR

  • hapus
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26 Apr 12 #326743 by hapus
Reply from hapus
as always, really helpful advice, thank you

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