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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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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.


Spousal maintenance

  • Pollyparrot
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25 Jul 12 #345262 by Pollyparrot
Topic started by Pollyparrot
Hi, I have been married for 32 years and have moved countries and cities to allow my husband to pursue his career . I looked after the children and home for my entire married life. . I have not worked full time since 1996. Since being in England , I worked very sporadically (flexitime), averaging out to one day a week over five years. I left my husband last year and he has been paying interim maintenance. I have looked and applied for jobs but I do not have experience or recent references so it is very difficult.
We are trying to come to an agreement between ourselves but my husband is now insisting that he will put me on a decreasing maintenance. I feel I now have to go to court as he is capable of earning ten times what I can ever hope to earn. We are in agreement that the assets and pensions are split 50/50, it is the maintenance that is a problem.
My question is: will it be worth my while to take him to court to get this settled as he enjoys wielding financial control over me at the moment., while we are awaiting our financial agreement. I would appreciate any comments please. Thank you.

  • TBagpuss
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25 Jul 12 #345328 by TBagpuss
Reply from TBagpuss
Yes.

The alternative option is to suggest a settlement which gives you a substantial lump sum in lieu of maintenance.

Since the issue here is not that you can''t earn as much as him because you are looking fter small children, it doesn''t appear that there is any obvious end in sight - your earning capcity is going to be substatially lower than his permanently so it''s likely to be reasonable for maintenace to continue until you reach retirement age (and it needs to be at a level which allows you to meet all reasonable needs, including continuing to save for retirement)

Maintenace can always bevaried so if you were to find better paid work it would be possible for him, at that point, to apply to reduce the maintenace. It is also usual for sppousal maintenace to end if you remarry and to end or be suspended if you cohabit

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