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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.


Do you need help sorting out a fair financial settlement?

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 - How is it calculated?

  • buzyizzy
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14 Aug 12 #349408 by buzyizzy
Topic started by buzyizzy
I have received no maintenance from exOH since our separation, and am wondering if I should have.

How is it calculated?

  • WhiteRose
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14 Aug 12 #349412 by WhiteRose
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I''m no expert on SM, but I believe its ordered on your ''need'' and your ex''s ability to pay (amongst other factors)

Also some people prefer a capitalisation of money rather than SM.

We''d need more info to give you an idea.

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14 Aug 12 #349423 by buzyizzy
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exOH earned £30k last year, I earned £18460 including tax credits, but this will go down to £15340 from September when CTC stops. When initially separated I earned about £13000 including tax credits.

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14 Aug 12 #349425 by Northernboy
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Your husband only earns 30k and you want him to support you with SM. does he already pay CSA as well?

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14 Aug 12 #349429 by WhiteRose
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Have you divided your finances yet, have you got a Consent Order?

Other factors of SM include each of your potential earnings, for example if you didn''t work but could (no disabilities) or if you were in part time work - could you increase your hours etc.

Also your children are older (as CTC is close to ending) I''m presuming you don''t need childcare to enable you to work.

I think what a Court would look at is to enable each of you to continue your life independently - they look for a Clean Break. In some circumstances, this can not be achieved, so an equalisation is looked at. This is where SM comes in, usually where there is a big difference in incomes.

Prob best to wait for LittleMrMike or Dukey to come along and give you proper advice.

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14 Aug 12 #349477 by WYSPECIAL
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Are/were you married as you use the term exOH?

You can''t claim SM if you weren''t a spouse.

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15 Aug 12 #349584 by buzyizzy
Reply from buzyizzy
Yes, we are still married. 21 years, last three separated.

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