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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.


Advice needed.

  • ishouldbesolucky
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15 Aug 12 #349739 by ishouldbesolucky
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Hi all, hoping someone is able to give me some good advice.
I''ve been separated almost 3 years. My ex stayed in the FH while myself and our 2 children rented a house.
Presently, my tenancy agreement has come to an end so i am in the process of acquiring another suitable house for us to rent,at £75 extra per month (of which I had taken into account, while budgeting.) Meanwhile my ex has sold our joint home at a loss and moved in with his GF and her 2 children.
Today i recieved a letter from CSA saying I will be getting £110pm less for our children because his circumstances have changed. I knew this could happen but didn''t for one moment think he would put his new family before ours. It has deeply shocked me.
Anyway my queation is, can this be right?
I am self employed but earn very little, tax credits make up my wage. Ex & GF are both (higher management) teachers with from what i understand a relatively small mortgage compared to the rent i will be paying. To add to that, I have no furniture as the house i currently rent is furnished so i took nothing with i left the FH.

  • leanng
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15 Aug 12 #349742 by leanng
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hi

if there are children in his new family, then unfortunately this is correct. CSA website will give your more information.

  • BoysMum
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15 Aug 12 #349743 by BoysMum
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(( Hugs ))

From what I believe, the CSA calculation will reduce what your ex needs to pay you, because he has children living with him. His GF''s earnings will not be taken into account when the CSA look at your ex''s income. The change in circumstance will be because your ex is now supporting children who live with him.

It does seem very unfair that you will now receive less to maintain your children :(But, it is right.

  • WYSPECIAL
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15 Aug 12 #349745 by WYSPECIAL
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Yes it is right as under CS2 neither housing costs or partners salary are taken into account.

  • ishouldbesolucky
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15 Aug 12 #349748 by ishouldbesolucky
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Would I be better seeking legal advice then? As like i said, I''ve walked away from the marriage with nothing yet things are only going to get better for him.
I read somewhere that you shouldn''t have to walk away from a marriage worse off then when you entered into it.

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15 Aug 12 #349756 by WYSPECIAL
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ishouldbesolucky wrote:

Would I be better seeking legal advice then? As like i said, I''ve walked away from the marriage with nothing yet things are only going to get better for him.
I read somewhere that you shouldn''t have to walk away from a marriage worse off then when you entered into it.


Post more details of incomes and assets perhaps you could claim SM? Or get a bigger share of the assets.

A lot of people leave marriages worst off than when they entered it. Most people that go into a marriage with more assets than their spouse will end up giving them a load of it when it ends.

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15 Aug 12 #349760 by ishouldbesolucky
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Ok, We were married almost 10yrs. Have 2 children, aged 11 & 8 plus I have one from previous relationship aged 17 now. His Dad hasn''t seen or paid for him since I got with ex.
I bring home around £2000pm including benefits. Rent will be £750pm, no pension.
Ex brings home £3900pm with pension. Was paying me £96.17pw maintenance but now only has to pay £77.17pw for 2 children. Like i said, ex pays nothing for eldest cos he''s not his bio Dad.
Anyway, we had a mortgage, 2 overdrafts and a loan together. I paid off 1 overdraft and took on half the loan. He lived in the FH cos i couldn''t afford to but (un-beknown to me, only paid the interest,)leaving a shortfall when it came to sell. He looked to me to help contribute but as I was renting at £675pm, I couldn''t help.

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