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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

  • Lb76
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03 Jul 12 #340809 by Lb76
Topic started by Lb76
Hello

Would anyone be able to advise me on my predicament. I work part time and earn around 1100 per month. my Ex works full time and brings home approx £3000 per month. He has got himself into a lot of credit card debt and lives with his sister since we split. We are going through the divorce process at the moment and he has made an informal agreement to pay the joint mortgage and 2 joint secured loans which he took out to consolidate his debt some time ago I agreed to this as I was not aware of the debt and thought it was for home improvement they amount in total to approx £1000 per month plus he pay maintenance of £200 for our son. £100 short of what CSA say he should be paying. Our house is in negative equity. I pay all the bills instead of half the mortgage and in reality my wage alone I could not afford rent or to pay the mortgage.

There is not a lot to fight over in the courts I have a solicitor charging £175 p/h but I am considering going it alone as I can not justify or afford these costs. Has anyone been in this situation. Do I go for spousal maintenance/ pension sharing?

  • Fiona
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03 Jul 12 #340819 by Fiona
Reply from Fiona
There isn''t enough information for posters to help really. For example, pension sharing depends on the size of the fund, your respective ages and both parties'' aspirations.

Have you checked out what state help you are entitled to? It would be worth working 16 hours a week if you don''t already so that you would be entitled to Working Families Tax Credit which can make significant difference to your income. Once tax credits, CB, and child maintenance are taken into account there is unlikely to be a huge discrepancy to justify much, if any, SM.

The next question is if you maximise your income and benefits from all sources would you be able to afford mortgage payments? If so and you can''t get a mortgage your husband may need to stay on the mortgage so the children are provided with a roof over their heads.

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