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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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Calculating maintenance as income variable

  • Shine
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23 Aug 12 #351370 by Shine
Topic started by Shine
Married 24 years; now been separated for 5 of the 24. No children. Marital assets long since divided. Now starting to proceed with divorce. I have been with a new partner for these most recent 5 years.

Sorting out financial maintenence seems a bit tricky. Two questions please:

1 Spouse has no income beyond ill health retirement pension. My income from my own ltd company business can vary from between £1,000 and £3,000 a month. How does a court deal with variable income please?:unsure:

2 Spouse says my current partner''s income will be taken into account in setting my contribution for maintenance. :ohmy:Is that true please?

Many thanks

Shine!

  • NoWhereToTurnl
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23 Aug 12 #351374 by NoWhereToTurnl
Reply from NoWhereToTurnl
Welcome to wiki Shine,

It is difficult to answer your questions with out further information as they all form part of Ancillary Relief.

You have been married for 24 years and separated for the last 5 years, what are your respective ages?

Your wife''s income is ill health retirement pension, how much does she receive pcm?

Does she receive any benefits?

You have said your income is variable, is there an average or how much do you earn annually?

How are you both housed? equity in property/s?

Outstanding mortgage?

Your pension CETV?

Value of any other savings/assets ?

Sorry its quite a list and I know you have said the marital pot has been divided, it would help to out line how this was worked out, if you look through other posts you will see these are the usual questions asked.

Best wishes,
NWTT

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23 Aug 12 #351427 by Shine
Reply from Shine
Thank you NWTT for being quick!


I am 52, spouse 50.

Her pension is about £330 pcm.

We had no savings.

Our property was sold, the mortgage paid off and the equity divided equally. We had no other assets - other than two cars which we agreed to allocate one each. Spouse now rents car in Malta (see below)

We have agreed not to seek any value from each others pensions. Hers is paying out about £4k a year. Mine from previous employments are valued to pay out at a similar level. I am not paying into any pension scheme now as cannot afford contributions.

Spouse lives part time in Malta in rented property; rest of time with father in his own house.

I live with partner who has mortgaged property and I contribute to running of our home incl mortgage costs.

I have no guarantee of any particular level of income for myself. I am a consultnat and projects come and go - and sometimes never come at all! I can best say the range of earning is in the range £15k to £30k a year. That is a huge range because it is uncertain.

Any other commenst please?

Also do you knwo whet her my current partner''s income is a factor in what I should pay my spouse?

Thank you; I appreciate your interest.

Kind regards

  • NoWhereToTurnl
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23 Aug 12 #351456 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Shine,

The first thing that comes to me is that it would be beneficial to both of you to come to an agreement about Ancillary Relief and avoid expensive legal costs. When it comes to working things out it is based on the need of both parties.

Sorry to put more questions :(

When the former marital home was sold, did you and your wife receive a lump sum of the proceeds?, if so, what was the % split, in whose favour and amount each received?

That said lets look at it as neither of you have any savings:

First housing;
You live and contribute to the expenditure of your partners house and nothing your partner earns or owns can be taken/sold to provide for your stbx wife. However it will be relevant in that you are sharing outgoings and therefore reduces your need as bills are shared.

Your stbx wife lives in Malta, renting, 6 months of the year, does she live there for medical reasons? ie winter months due to arthritis? the other 6 months she lives with her father, is he elderly/unwell, is there a possibility she will inherit the property or is it rented?

Income;
Yours variable, possibly able to continue working another 15 yrs + depending on contracts and the field you work in. State pension payment dates keep changing so you could be 70 before you can draw it.

Your stbx £300 pcm is very low and she is either subsidising it with money from the proceeds of the house or living rent/daily living costs free when with her father. At 50, she will not be able to collect her State pension until at least 68 yrs of age. Does her disability prevent her from any form of work? Is there anyone else that would have a claim eg siblings, should her father pass away, if so she could be homeless.

You might think about using the wikivorce service to divorce but in any event I would contact the 0800 number, top right hand side of the page and have a chat to someone.

Sorry I am not more help but, hope I have given you some pointers.

Best wishes,
NWTT

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