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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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P60 or payslip?

  • foofighter
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17 Aug 12 #350198 by foofighter
Topic started by foofighter
I am in the final stages of the divorce. mediation agreed that I would pay 25% of my net salary for my three children (CSA guidelines) and that the actual sum would be reviewed and agreed when I received my annual pay rise. This would be evidenced by my pay slip which would have my new salary on it and of course the new net pay (I am a civil servant so there is no disputing the veracity of the documentation I will provide). My solicitor has however inserted into the Consent Order that I will provide my P60 annually to set the amount. That was not what we agreed at mediation, and not what I instructed, however due to an oversight, that version of the consent order was sent to the other side and they have agreed it. How can one use a P60 to agree the CM for the next year when the figures contained in it do not take account of the Civil Service Pension I have to pay? It only relates to my salary less tax and NI? How do I get back to the agreed position of using payslips? My solicitor is saying that the other side will now insist on the P60 and the judge will agree, even though we agreed something else at mediation.....

  • WYSPECIAL
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17 Aug 12 #350216 by WYSPECIAL
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Ask your solicitor how they intend compensating you for their mistake. Might make them become a bit more helpful.

Bear in mind after a year you can go to the CSA anyway.

How come your pension contributions aren''t collected by your employer? If they are then it wont really make any difference. P60 shows your taxable pay which will be lower than your gross pay as pension contributions are not taxable. Also your P60 will be for last year so wont show your pay rise if you are lucky enough to get one.

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17 Aug 12 #350233 by dukey
Reply from dukey
What you agreed at mediation and what a judge will agree are not always compatible, your solicitor is correct P60 is the usual route.

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