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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.


Maintenance

  • revenge
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30 Jul 12 #346077 by revenge
Topic started by revenge
My husband has split the marital funds, giving me a sum of about £60k. He says I now have to pay all my living expenses from this, he will pay 50% of the mortgage which is peanuts.
Husband said once this has gone its gone. He clearly doesn''t want to give any maintenance. I don''t work yet, haven''t for some years, he gets over £10k a month.
My legal advisor has said the argument as such is whether I should live from my capital or whether there should be any ongoing payment of maintenance. He is requesting voluntary maintenance ut I have a feeling my husband will not agree.
I will need all the capital I have so when the MH is sold I should have enough to buy a house cash as I won''t be able to get a mortgage.
I noticed in the letter from the firm of solicitors I am using the person I am dealing with is a family mediator, it does not say he is a solicitor.
Married 22years
Husband 46
Me 52
Husband pension CETV £300k he also gets £800 a month now after tax
Me £0
husband earnings £10k+ a month
Me £0 at the moment (solicitor advice I look for a job)
No dependent children
Can any one give any advice on my situation.
Husband lives with ow in her house, she works.

  • MrsMathsisfun
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30 Jul 12 #346080 by MrsMathsisfun
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Is the sum of £60k on top of the proceeds of the FHM?

If it then I assume what he is suggesting is a lump sum in lieu of the pension?

A court would look to see whether there is enough assets to achieve a Clean Break.

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30 Jul 12 #346082 by dukey
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22 years married

300k CETV

Husbands income 10k per month

A very strong chance of a joint lives SM order and a heavy pension share in favor of the wife.

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30 Jul 12 #346090 by revenge
Reply from revenge
We have both got a sum of £60k each in our own accounts now he has split the money, this is on top of what we will get if we or when the MH sells.
Im just worried whether if it went to court ( which I don''t want, although he can afford it) I would definitely get sm, we have discussed his pension he offered to split it and keep 5 years extra to himself for the years he paid into it before we married. The sad thing is all the years we were married I never took for granted what he earnt. Now he just says he can''t be worried how I''m going to manage financially, that''s not his problem!
That''s ok for him while his income is still increasing and ow earns as well, my income will keep decreasing and my standard of living decline as even if I get work it will be on minimum wage.

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