A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 maintenance is it too late to claim?

  • mumtoone
  • mumtoone's Avatar Posted by
  • Junior Member
  • Junior Member
More
08 Jun 12 #335718 by mumtoone
Topic started by mumtoone
It may be too late for me as I have requested the Decree Absolute but have not made the final submission required after the six weeks one day thing.

Basically I ended up representing myself giving my stbx £35k from the family home which I had bought myself prior to the marriage in 1997.

Even though he signed a Pre nup to say he would take nothing of mine he threatened claims of duress over signing it. I wanted my son to have a nice home to go to with his father so I handed over the money and as I was the one asking for the divorce totally against his will apparently I agreed to not chase him for spousal maintenance just for child maintenance.

He earns 70k a year and I earn 11.5k. He pays me 400 a month for our son based on his net earnings apparently as calculated by his solicitor.

I have since found out the woman he moved in with in December when he left the family home had been on the scene 5 years now. Although they claim she does have her own flat.

We never signed any financial agreement other than the divorce petition where it indicated that he would accept the 35k as settlement of all assets of the marriage although I may have said I would not seek spousal maintenance as that was our original agreement.

As the divorce is not yet final and the stress he is putting me under to complete is making me ill is it worth me appointing a new solicitor to chase for spousal support. I understand I may lose a greater share of my house but it is right that generally the courts would add mine and my stbx wages together and split them down the middle with him paying me the difference from his wages so we end up with equal incomes?

I feel I have been taken for a complete mug after 15 years of marriage and I was trying to do the right thing and get him out of my life and my home as painlessly as possible. I''d have agreed to anything to get him to finally leave.

Or is it a case of need. Lol my needs are great ;-)actually I am thinking I may have to sell my home ;-(

Is it too late for me to try and make any claim?

Is it going to be worth my time and additional stress?

Or should I just file the papers to make the Absolute final and pretend I never knew him?

There is no love lost between us now. We only correspond through solicitors or his new partner. Any texts I get from him are intimidating or designed just to upset. The latest threats being that he intends reporting me to Social Services for the neglect of our child. (totally unsubstantiated and total lies)

I am at a loss of what to do as I do not really have the money to go through solicitors unless I am pretty sure I am entitled to some kind of payout.

What are people''s experiences on 50/50 or other percentages.

Thanks... I just want to cry. I don''t want to be taken for a mug but I also just want it to be over.

Xxx

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
08 Jun 12 #335722 by LittleMrMike
Reply from LittleMrMike
From what you say, my preliminary view that you could, and should, make a claim.

To exclude that right there would have to be a Court order. Here, there isn''t one.

I do not think the informal agreement would carry much weight as it was made without full financial disclosure and proper legal advice.

Anyway, that''s my initial view and I will be interested to see if other wikivorcers agree with it.

LMM

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
08 Jun 12 #335723 by maisymoos
Reply from maisymoos
I would be surprised if the decree Absolute would be granted until a Consent Order stating the financial settlement has been stamped by the court, especially if there are children. A judge will want to ensure the financial settlement is fair to both parties.

I would seek legal advice as soon as possible.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11