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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.

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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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Should I think about claiming maintenance?

  • MikeJunior
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12 Jun 12 #336325 by MikeJunior
Topic started by MikeJunior
I am likely to be going through an amicable divorce over the next few months, a mutual split with no-one to blame. We do share a number of assets, though I expect the process of sharing them out to be amicable. However, my wife is the higher earner, with a potential to earn significantly more in the future. We have no children and I have an OK job, so I am unlikely to require maintenance, but I have completely invested my life in supporting my wife with the pursuit of her career. For example, I have supported her through her professional training, and then through the early low-earning years of her career, including moving home and changing my own job to follow her career. Should I consider, and, more importantly, do I have an entitlement, to receive any maintenance based on her likely significant future earnings? I hope someone can help me with this. Regards, MikeJunior.

  • LittleMrMike
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13 Jun 12 #336384 by LittleMrMike
Reply from LittleMrMike
One Mike to another.
The Court can only consider the situation at the time it is called upon to decide. To use a homely and perhaps an improbable illustration, if she''s a medical student, she might in the fulness of time become a consultant. But you won''t get spousal maintenance now on the basis of what she might earn as a consultant.
For example, she might fall ill or encounter hard times. The Court will not consider possible future change in circumstances un;ess they are reasonably foreseeable.
The only way that you could achieve your objective is a nominal order which could be varied later. But I personally doubt if you''d get it. This looks to me like a Clean Break.
However you are right to consider it. Some family lawyers will give you 20-30 minutes free legal advice. For a straightforward case like yous, that should be enough, and that is what I recommend you do.
LMM

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13 Jun 12 #336392 by MikeJunior
Reply from MikeJunior
Many thanks for this feedback LittleMrMichael, it makes perfect sense and you clearly know what you are talking about. Medicine was a very good guess, but she''s actually a successful Barrister at Law. Legal advice has always come to me for free previously, now I am looking to you! I agree with you entirely when you say that future earnings cannot be easily quantified, but there certainly is a positive trend so far, that we openly expected to continue and grow. There is also no doubt that I have personally sacrificed a lot to support her career. It is also true to say that I have enjoyed the past ten years and recently started to benefit from the privileges that her high and increasing earnings have afforded us, though there is no way that I will be able to maintain the same lifestyle on my own. With this additional detail, does you advice change? Thank you Mike.

  • hawaythelads
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13 Jun 12 #336394 by hawaythelads
Reply from hawaythelads
A single bloke with no children.
You''ve got more chance of seeing God than receiving spousal maintenance.
All the best
HRH xx

  • dukey
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13 Jun 12 #336397 by dukey
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I agree on the face of it this sounds like a clean break, but maybe some digging!

How long were you married?

What do you earn net per month?

How old are you both?

When you separate what will your outgoings be compared to income, any shortfall?

Just so you know Mike is a solicitor HRH just thinks he is :P

  • MikeJunior
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13 Jun 12 #336437 by MikeJunior
Reply from MikeJunior
Thanks for the advice Guys, hugely appreciated. I intend to give this issue some more thought before deciding what to do. Raising the issue with my Wife could affect the amicability of a clean break, which could cost me more in any event. However, if she is going to go on and become an extremely high earner, which is more than likely, the lifestyle that I would have had will be very different from the lifestyle that I am now likely to have, which does agrieve me! This is the first time that I have used this network, many thanks again!

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