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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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Ex refusing to pay correct maintenance

  • Seperationfromhell
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18 Aug 12 #350330 by Seperationfromhell
Topic started by Seperationfromhell
Can someone tell me if there is a way I can force my ex into giving a true statement of his finances, he is refusing to pay proper maintenance (we have a daughter together and a step son he has brought up for the past 14 years), he is saying he can''t afford to pay more than £550 a month even though he earned £85,000 last year and received £24000 back in tax . I also know he has savings of £20000+, all I am asking for is the correct maintenance but for the last 3 years he has used any means possible to avoid it.I am sick of struggling with the 2 kids while he lives the high life! , and the lawyers just keep going back and forth getting no where.

  • leanng
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18 Aug 12 #350340 by leanng
Reply from leanng
more details are needed.

Are you divorced? if so, how has the current maintenance been calculated??

  • Fiona
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18 Aug 12 #350356 by Fiona
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You can apply to the CSA for child support and the CSA would require your husband or his employer to provide documentary evidence of his income. However, if your husband is self employed need to be aware that there are ways he can organise his finances to minimise his tax liability which reduce his income for CSA assessment purposes.

If you are divorcing at the moment disclosure is entirely voluntary but if you start court proceedings your husband will be required to disclose by the courts. Obtaining complete disclosure can be very difficult, time-consuming, costly and it''s often necessary to take a judgment on what more information can be ascertained, and at what cost and over what period of time and at what benefit to an improved settlement.

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19 Aug 12 #350575 by Seperationfromhell
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We are not divorced yet, as we cannot come to an arrangement over the finances , my ex works away so his wages change for so many months he earns £4000 a month and later anything between £7000 and £10000, I have tried to explain this to the Csa as I no he will just hand them wages slips with smaller earnings but they are not listening , was hoping the lawyers could deal with it all instead of having to involve more people .

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19 Aug 12 #350576 by Fiona
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If he works away is he paid by a UK company?

  • loveourmum
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19 Aug 12 #350585 by loveourmum
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Why don''t you just tell your ex that for every penny he withholds in maintenance he withholds from your child?

Sorry he/she can''t speak to you - cos we are in our beds - can''t afford the heating.

He/she can''t telephone you - can''t afford the call.

He/she can''t participate in whatever because we can''t afford xxx.

He/she can''t afford to visit you - cos he/she can''t afford the fuel/public transport fare costs - why? - cos you are with holding [i]our[/i] maintenance money.

What a fabulous parent you are!

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20 Aug 12 #350596 by Seperationfromhell
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The company have offices all over the world, he wouldn''t care about that to be honest, he knew I couldnt afford my daughters school trip , told me to book it and he would pay half of trip and clothes for it then changed his mind, refused even when I said I was pulling her out of it!, he loves his money and material things more!

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