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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Spouse maintenance

  • revenge
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14 Sep 12 #355791 by revenge
Topic started by revenge
My husband has more or less agreed to a 50/50 split of everything. I have not filed for divorce yet. My sols asked husbands sols for interim maintenance, this was refused as my husband shared savings and gave me some dividends from the business. Apparently the dividends would be classed as income so I have to live from that it was less then 19k.
I don''t work at the moment although looking for a job, husband gets 6 figure sum.
I am 52
H 46
22years married
His CETV 318k already receiving pension (forces)
No children
MH valued 450k
Mortgage 130k
2 rental properties shared with someone else poss 50k equity for me and husband
Me no pension
If I get a job it will be on a low income as I don''t have any particular qualifications.
Husband lives with ow in her house she works, found out he''s been paying her expenses from our business.
If I agree to live off the dividends I received for now will I be able to apply for sm when i file for divorce.
Husband wants to sell MH which will probably happen, do I have to put it up for sale before the divorce. It is to big for my needs but I''m in a bit of an emotional state at the moment and not ready to move.
Everything is getting on top of me. I don''t want to contact my sols again until I know what to ask him. Sols said its not worth applying to court at the moment.
I wondered if I would get a bigger percentage of the MH as I will not be able to get a mortgage, I could possibly buy a smaller house cash, but would still need to pay all other house hold bills, suppose I''m just scared of my financial future as we''ve had a secure life of about 10 years.

  • NoWhereToTurnl
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14 Sep 12 #355803 by NoWhereToTurnl
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Hi revenge,

As you have not yet submitted your forms for divorce you are unable to apply for MPS or any other financial remedy.

The money your stbx has given you is part of the marital pot so in effect you are living off savings and this is reducing what will be your eventual settlement.

As your stbx is living with OW and having read some of your other posts, dissipating/concealing assets, would you not be better getting on and filing for divorce?

From the figures you have posted, there is a huge disparity in income and depending on how finances are split you could well get periodical payments (SM).

The DJ would base his judgement on needs, yours is a long marriage and your potential earning capacity low so the split could be in your favour. Also your stbx has two sets of income coming into his home.

If you start proceedings then it gives you control over the timing of proceeds.

This might be contentious but, have you got the right solicitor for the purpose? there might be other factors but, I am surprised s/he does not think it is worth going to court yet.

I went through a difficult divorce, exh hid assets and solicitor was not very good. I am now going through a problem with SM and have a different solicitor who is pro-active and know my original outcome would have been better if I had used this firm.

Very best wishes,

NWTT.

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14 Sep 12 #355869 by revenge
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I intended to file for divorce in the next week, husband has agreed to adultery but at a date after he left me, and put the date down he moved in with her a year later both lies but I suppose I should just accept that what he has said and get on with the divorce.
My sols is from a large well local group of sols, but he does seem to be saying if it goes to court the courts like to see people stand on their own 2 fee. It is giving me an unsettled feeling. I saw a few other sols before I decided to use the one I''ve got, the others all seemed to think I had a good case for sm.
Sad thing is I love my husband but can''t bear to speak to him because it upsets me too much. What we have achieved together in our marriage we have got through pure hard work and sacrifice, and it hurts to know he isn''t bothered how I will manage once everything is sorted. He will be able to still have the comfortable lifestyle and I will be starting from scratch.
My sols seems to think the court would see the dividends I received as income and therefore don''t need a maintenance. I will see what he suggests at next contact and possibly consider changing sols. Although it has been recommended I se the head partner at sols I am with now, I don''t want my sol to think I trust his judgement. It''s all such a headache.

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14 Sep 12 #355888 by revenge
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Could I just go to another solicitor with the paperwork ect I have and ask for a second opinion. One o saw before seemed to be more positive about my situation, but I wonder if the one I''m with gives me the flip side of the coin so as not to get my hopes up.

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14 Sep 12 #355893 by NoWhereToTurnl
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Its difficult so advise but, you can change solicitors and you do not have to be restricted to a local firm. My first one was local, the one I have now is 200 miles away.

The important factor for me was engaging the services of a firm that had a dedicated family law team and the appropriate accreditation. Continuity of care is important, your case should be looked after 24/7 and covered when the senior person is on holiday

Why not phone and speak to the senior person in a respected family law firm? Often, if worth their salt, they will be happy to have a short discussion for free.

Moving is very easy, you sign an authorisation and they arrange transfer of all your documents. Be aware that your firm will not release anything until you have settled their bill.

Hope that helps, if you want more information either post or pm me.

Best wishes,

NWTT x

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