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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?

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.


Has the Family Court legal rights to raise Spousal

  • hadenoughnow
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18 Jun 12 #337302 by hadenoughnow
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Rouget, we need to know what income these payments are based on, what you say your income actually is and what kind of order it is. Are you self employed or PAYE?

I am assuming this was a high income household with lifestyle to match.

Were there many marital assets? Or was this a situation where there was little equity and a large mortgage needed?

Hadenoughnow

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18 Jun 12 #337307 by Just Ice
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The Mortages were taken out long after I was made to leave, 2 before the divorce to buy an investment property and to spend, and one since the divorce to replace a 4 year old kitchen. (She paid 62,000 for the new kitchen). The abuse was real, even to the point that my ex actually stood up for me in court !

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18 Jun 12 #337332 by hadenoughnow
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Rouget,

The judge''s decision has to be based on income and assets.

If your income was 2.5k and you were paying most of it to your ex, that would be unfair. However if you earned 10k, it could be argued that the payment to her is not enough.

I wonder if the court found your figures too hard to follow or if your argument was unclear? You have not answered the simple questions you have been asked. Without the answers we cannot advise.

Hadenoughnow

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18 Jun 12 #337349 by Just Ice
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I am attempting to answer the questions but only have internet during work time, so apologies for jumbled and incomplete answers. Will try harder!
The order was based on my income at the time and was in proportion to the normal calculations. What''s unfair is that I inherited a large mortgage, (my wife had none) plus I had to take a second one out to buy a flat for myself, therefore my outgoings were very large in comparison to my income. Since then, my income has decreased by 35% whilst my payments to the ex have increased with the RPI (about 13%). These factors together have conspired to create the financial imbalance that I now suffer. I think the Court DID find the figures bewildering, so on the second hearing about a year later I simplified them greatly but I had the same Magistrate, who gave me short shrift, firstly asking me to keep my statement short and then constantly interrupting me. She disbelieved every word It was humiliating and frustrating. I am happy to show documents and give precise figures but is it wise to do this on a blog?

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18 Jun 12 #337360 by Just Ice
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Oh, it''s so complicated hadenoughnow! OK I have 2 properties. I get a rental oncome of about 1400 pcm net plus a net income as a contract draughtsman of about 3500 pcm. Out of that I pay 1600 mortgage and 1725 (was 2100 until recently) to the ex. Living expenses take the rest. She has three properties, one which she rents out. I''m not as bothered about my situation as much as the fact It''s not getting to the children. I would happily go into debt for my children, but knowing that I''m doing all this for an ex who blatantly spends the kid''s money on herself and is not castigated for it, is hard to take. she is positively encouraged to spend more on herself by the court''s decision to make me pay for her PERSONAL debts. She had private schooling and is fit and healthy aged 47. She could easily work full time now. Why haven''t the Family Courts told her to get full time employment and why haven''t they admonished her, or turned over direct payment to me to ensure that my children get the money? They are meant to be there to ensure the children are provided for and they are doing exactly the opposite!

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18 Jun 12 #337365 by Just Ice
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Hi LMM, I''m all over the place with the answers and replies as I am without personal internet and have to snatch a few minutes here and there when I''m at work. The point about my wife''s needs is that they have increased dramatically. I made sure she was financially secure when she bade me to leave. She had a 5 bed house in Surrey and a holiday home in France, niether with any Mortgage attached. She has since Mortgaged at least three times to buy further property and upgrade her existing property. She has overstretched and seems to have gained a lot of sympathy with the Court. I have no idea why the Court are defending her overspending to the point that the children receive very little, if any, of the money that the court specifically aportioned to them. On the other hand I have been extremely frugal with my money and don''t even run a car. I sold all of my assets, restructured my mortgages three times and ceased paying one of my two small pensions. I made sure I paid my credit cards in full. In her summing up she turned that against me saying if I could afford to pay my credit cards then my finances must be OK. In other words I was punished for keeping my finances in good order. I was not allowed (yes really) to finish my statement. She often raised her voice and humiliated me and at one stage when I was falsly being accused of failing to pay certain payments, my wife actually stood up and defended me! In the summing up I was threatened with arrest should I fail to meet the court''s decision. I have since been told that this statement could have been illegal as I am a decent citizen who''s never been in trouble with the law, was only 2.5 weeks behind in payments, yet she was treating me like a criminal. I would like to show you the order but is it right to do that on a blog?

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18 Jun 12 #337367 by Just Ice
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Yes, you''ve hit the nail on the head. I had the same Magistrate the first two hearings. She was disagreeable enough on the first hearing, and by the second was positively abusive to the point that I have been informed that I may have had a case for slander. Many thanks for your time.

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