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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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Maintenance after children reach 18

  • Amanda24
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25 Jul 12 #345200 by Amanda24
Topic started by Amanda24
I am 49'' have been married 19 years & looked after children for much of that time then worked in part time jobs so am on a low income with poor prospects of increasing my hourly rate. At present tax credits top up my salary to a level where I can manage the bills etc but these will reduce to almost nothing in 6 hears time. My ex earns 10 times my salary; we have 3 children. He left me for a high earning new partner recently. We are negotiating. He would like to stop maintenance payments in 6 years time when our youngest child leaves school. He will be 61 & me 55. He also wants to split our assets 50/50. I have been accustomed to receiving benefits associated with his job such as a financed car & retail discounts and he wants to stop me receiving these. I think I would get a much better deal if I let the courts decide? Am I right?

  • sexysadie
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25 Jul 12 #345209 by sexysadie
Reply from sexysadie
Yes, almost certainly. You might not even have to go all the way to to a final hearing as once he realises that you are serious about getting a proper deal he may well settle along the way. You should be able to get spouse maintenance for a time at least, possibly indefinitely or until your retirement age - and you should certainly be able to have a share of his pension. A 50:50 share of property is also extremely unlikely given that you have the children and there is this level of income discrepancy, particularly after a long period of looking after the children.

Best wishes,
Sadie

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