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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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Advice On Maintenance Payments.

  • Brunswick
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03 Jul 12 #340798 by Brunswick
Topic started by Brunswick
Morning All,

Would appreciate any advice you can offer. Here is my situation:
1. Divorced
2. Ex lives with two 17yr old (twins) in the marital home.
3. Court Order in place and signed by both parties since Apr 2011. Main principles agreed are:
(i) House will be sold June 2013.
(ii)I pay £800 per month for upkeep of the boys.

Over the past year I have not missed one payment, but recently I have had the boys for periods of up to a week and more and have obviously paid to house, feed and keep them.

In addition I also pay incidental costs, some of which are substantial, such as holidays, football season tickets and eating out etc.

I approached my ex about a pro-rata approach so that if I have the boys for a week the maintenance figure should reflect that.

Is this a reasonable request or do I have to stick to the Court order and effectively pay twice in some cases?

Any advice would be welcome.

Brunswick.

  • Fiona
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03 Jul 12 #340806 by Fiona
Reply from Fiona
If you cannot reach agreement between yourselves you need to stick to the order whilst it is in effect. Normally after 12 months either party may apply to the CSA and then the court order ceases to have any effect. The exceptions to this are when one parent lives abroad, there are step-children or children over 18 in education. However, the court can award top up payments if the non resident parent''s income exceeds the CSA capped amount of £2k per annum.

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