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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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Help working out maintainance payments.

  • Dima
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11 Sep 12 #355282 by Dima
Topic started by Dima
Quick facts:
Married for 8 years
I''m 30, my wife is 35.
one 11 year old child.
My income is around 2600pcm her income is around 800pcm and she gets 1000pcm in tax credit, income support and housing benefit.

I will be applying for Financial Order, since I want to end this relationship and start a new life.
I know there is no straight answer, but what (how much) "periodical payment" I am realistically looking at?
is £300pcm for the next 7 years sounds reasonable?
I want to negotiate Consent Order, and mark any payment possible as child maintenance so my EX doesn''t loose her benefits.

Any input is much appreciated!!!

  • mumtoboys
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11 Sep 12 #355295 by mumtoboys
Reply from mumtoboys
with an income of £800 a month, your ex won''t get Income Support but she will be eligible for child tax credit, help with childcare if she works over 16 hours a week, probably some Housing Benefit if she rents and possibly some Council Tax Benefit.

You will need to pay child maintenance at a mimimum of 15% of your income after deductions, with possible deductions on that figure depending on how often your daughter stays overnight with you. There is a calculator on the CSA website.

There will be no affect on your ex''s benefits as a result of her receiving child maintenance - this has been the case for over 2 years now. I am not sure where she might stand with spousal maintenance - I would hazard a guess it would affect her Housing Benefit but am not sure. You can check calculations and play with figures using the calculator on the turn2us.org.uk website.

You will need to provide a lot more information on your financial situation - details of debts and any other liabilities, savings, pensions etc. on both sides for people to be able to help you calculate any possible liability for spousal maintenance.

  • Dima
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11 Sep 12 #355329 by Dima
Reply from Dima
Thanks,
Yep that is correct about income support - but anyway the total value of the benefits she gets is about 1000pcm which brings her income to 1800pcm.
There are no other details - i.e. no debts, liabilities, pensions, major savings etc. The income is the only major factor to be taken into consideration.

The child is my stepchild, who falls into the category of "children of the family", hence CSA has no authority here but court does (there is a chance I may get out of paying CM, but lets assume I don''t).

The question is quite simple, basing on our income what CM + SM i''m realistically looking at?

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