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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?

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maintenance

  • rockchick
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13 May 12 #330308 by rockchick
Topic started by rockchick
if anybody can advise still going through hell with ex thats still lives at property!!!
ex has not given me my maintenance this month usually he credits my account of £1600 month for my 3 children i dont work i depend on his income he earns mega money in london i do not have an income only child benefit and child tac credits £500 of that goes on credit cards every month paying solicitors fees which would leave me with only 300 a month i have got a lawyer but worried if he says no im not paying it what should i do please help im in despair again xx

  • jonathancj
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22 May 12 #332247 by jonathancj
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Do you have an order for maintenance pending suit? If not, you could look at getting one. There is at least one other way of applying for maintenance if you don''t have divorce proceedings yet. Ask me if you need details.

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22 May 12 #332263 by rockchick
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Hi thanks for replying my solicitor was going to instruct a maintenance pending suit but not sure now just had a date for FH end of july she said it probably would not be worth applying because it would come through around the same time, solicitor seems to think that ex has done this on purpose so that when we get to final hearing he would say she hasnt had maintenance for two months for she wouldnt need as much , but i still have the problem of no money apart from child tax credits and child benefit i have 2500K built up in child tax credit in one account which i have not touched and he is aware of through declaration my view is if the money was not in there the judge would see this and say why have you not been paying maintenance he has a duty to pay maintenance please please reply i would like to know your thoughts thanx

  • MrsMathsisfun
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22 May 12 #332265 by MrsMathsisfun
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Is this child maintenance or spousal?

If its child get on to the CSA.

  • maisymoos
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22 May 12 #332267 by maisymoos
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I was in a similar situation.

Apply to the Child Support Agency straight away (you can do so online) This will entitle you to 25% of his net weekly income. (less any deduction for overnight stays).

You will have to top up using your savings over the next couple of months. You should update your finances before the FH.

Hope that helps.

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22 May 12 #332269 by rockchick
Reply from rockchick
this is child maintenance solicitor advised do not go through csa because once assessed it will stick with that sum at court ,i am trying to do it the proper way apparently csa is considerably lower so trying to avoid this

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22 May 12 #332271 by maisymoos
Reply from maisymoos
I have no idea why your solicitor would say that, you may still be entitled to Spousal Maintenance on top of child maintenance that the court will rule on.

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