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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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spousal maintenance

  • fedup70
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22 May 12 #332219 by fedup70
Topic started by fedup70
Hi All,
On what grounds is spousal maintenance normally paid?
Thankyou

  • maisymoos
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22 May 12 #332223 by maisymoos
Reply from maisymoos
It is all based on need and affordability

see link below

www.wikivorce.com/divorce/Divorce-Advice...sal-Maintenance.html

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22 May 12 #332225 by fedup70
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Thankyou, looks like a bit of a read but im sure will be well worth it x

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22 May 12 #332227 by fedup70
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would the parent with care (father)usually have to pay spousal maintenance even tough the mother had never worked and didnt raise the children due to mental illness, children were looked after by grandparents whilst father was at work? the mother does not work and is on all benefits possible and she does not and never has paid anything towards the children, she has been rehoused into a flat from half way accommodation when she was released from hospital. sorry if this is long winded but in the link it doesnt mention along these lines. Thankyou

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22 May 12 #332257 by maisymoos
Reply from maisymoos
To hazard a guess on this you would need to provide more info in relation to

length of marriage
Ages
No of children
Assets
respective incomes including benefits
pensions
etc.

Spousal maintenence (if affordable) is paid to support the lower earner and is not necessarily only payable to the parent with care for the children.

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12 Jun 12 #336228 by fedup70
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14 years married, wife 34 hubby 38, 2 children 9 and 14income for hubby £22,000 benefits for wife £18,000!! no pension, hubby lives in fh with full residence of children, wife now been rehoused into own flat after been in mental hospital for the last 8 years, was let out at weekends under supervision of her family , sorry to have taken so long to respond.

  • hadenoughnow
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12 Jun 12 #336233 by hadenoughnow
Reply from hadenoughnow
There''s not enough income here for sm to apply. Is she paying any cm? Even on benefits it would be 5 a week which would be better than nothing.

Hadenoughnow

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