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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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MPS

  • amefbi
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03 Sep 12 #353537 by amefbi
Topic started by amefbi
I have to apply for MPS urgently, only have income of £298. STBX moved out last weekend and will only pay household bills for 6mths. I dont even trust him on this.

Can you pls answer me in ''lay term''

1. Costs for filing MPS
2. Is it only Form A
3. My outgoings list (household bills as it is now minus my income)
4. Cover Letter as to way I believe I should claim
5. If I dont have funds to file

No financial disclosures done.His attitude he is not going back to his Sols, just costing him money and he believes I can go on benifits. I know he wont comply or give accurate form E

Can I do my form E and his as well, as I have all the correct info needed and present the courts with both.

Or do I send both our Forms E''s to his solicitor, or dont even bother with her. I dont have a Solicitor.

I have read these post on wiki, Im just tired and under tremendous financial and emotional distress currently.

  • LittleMrMike
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03 Sep 12 #353606 by LittleMrMike
Reply from LittleMrMike
The following information has been gleaned from my bright shiny new textbook ! ( suitably abbreviated )

An application for MPS may be made only if a full application for Ancillary Relief is pending so one or one or other party must have issued Form A. The application is made in accordance with FPR 2010 Part 18 application, and the date fixed for the hearing of the application must be not less than 14 days after the date of the application, notice of which must be served forthwith on the other party.

When - - - the application is made before the filing of form E, the applicant must file with the Court and serve on the other party written evidence as to why the order is necessary and giving the necessary information about his or her financial circumstances. Not less than 7 days before the date of the hearing the other party must file a short stattement about his or her means unless he has already filed Form E.


As William Wordsworth remarked, " Books " '' Tis a dull and endless strife ''

I''m not sure if this is going to help you too much, but the Court should tell you whether any fee is payable and you should consider whether you might be entitled to exemption from fees anyway.

You should in any event claim benefits if you are entitled to them.

No, you can''t file form E on his behalf. Sorry.

LMM

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03 Sep 12 #353616 by amefbi
Reply from amefbi
Thx LMM

Im just frustrated that he has moved out and not gonna see his Sols anymore, to costly.

He will pay mortgage and bills for 6mths then. He has cancelled Sky and BT phone, whats next? my mobile,I dont trust him.

I just know that I will have to do something about the financial issues as he wont do anything further.

  • soulruler
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03 Sep 12 #353654 by soulruler
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Frustrating as it is you need to play "the game" not that it is a game as you well know.

He has moved out and the situation is that you may well have rights to benefits.

You need to make sure that you write to the council for a reduction in council tax, apply to the relevent department for income support or working tax credit or anything else you may have rights to.

If he ain''t going to pay, he ain''t going to pay and he is telling your straight so if I were you I would check out benefit rights asap.

I didn''t, didn''t actually realise what was happening, struggled on for over a year, paid all the joint debts and then when my finances went the whole 9 yards ended up applying for benefits:dry:

Stupidly I thought I was being responsible and diligent. I negotiated out of court regarding him making payments to me and towards the mortgage - that got me NOWHERE.

I hear what you are saying but really think whether you are focusing your efforts in the right direction. Do not hit your head against a brick wall that is harder than you are - sounds like your stbx is a brick rather than a rock.

  • LittleMrMike
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04 Sep 12 #353677 by LittleMrMike
Reply from LittleMrMike
I very much agree with soulruler here.

It is very difficult to get benefits backdated. There are people I dealt with at CAB for whom backdated benefits was the equivalent of winning the pools ( I once managed to get £1500 for my wife''s mother in law ) but they''ve screwed it up pretty tightly for that reason.

Don''t delay applying.
LMM

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04 Sep 12 #353690 by amefbi
Reply from amefbi
Thanks,this advise was given to me previously and Im awaiting ESA currently, might be backdated Jan 2012,have DLA and will contact council tax and housing benifits (mortgage?), cant claim anything else.

Married 40yrs and him earning £3500 - £4500 per month, I just feel not to let this B**** get away with not paying me any maintanance. His attitude that I can go on benifits, thats whats p***** me off.

He needs a wake-up call and I do want to claim MPS and it seems its the Form A then.

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