A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


SM would ex pay less now he co-habits

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357204 by Fiona
Reply from Fiona
Good luck and let us know how you get on.

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357205 by soulruler
Reply from soulruler
Julie I agree, these are family proceedings so she should not be prejudiced by making an application, even Consent Orders finishing are not prejudiced by an application and her £5 nominal maintence per year was not by consent it was on the application of her husband and by order of a court.

Times move fast, disability is not easy to get over as I know on many personal levels.

Privilege and knowledge is a funny thing but needs base in family law should win out.

Do not prosecute or litigate, negotiate first in family and if that does not work apply to court to negotiate under FPR rules where each party should bear their own costs.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357207 by MrsMathsisfun
Reply from MrsMathsisfun
The issue that choco might have is that she cant claim sm from her ex for their children because they are now considered adults.

The only person she can claim sm for is herself and she will have to prove that her ''needs'' have changed due to a change in circumstance and that her income doesnt sustain her.

Its my understanding that the adults children''s needs will not be included.

  • julie321
  • julie321's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357210 by julie321
Reply from julie321
I beleive chocoholic is in the same position as me, tax credits and child allowance is finishing due to child leaving school. I could manage quite well with these benefits, my job and maintenance. Now out of work with 608 per month pension and losing all benefits and stbx deciding to stop maintenance I have no choice but to apply for maintenance pending suit as he will not discuss this with me.

So surely her circumstances have changed.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357219 by Fiona
Reply from Fiona
Mathsisfun wrote:

The issue that choco might have is that she cant claim sm from her ex for their children because they are now considered adults.

The only person she can claim sm for is herself and she will have to prove that her ''needs'' have changed due to a change in circumstance and that her income doesnt sustain her.

Its my understanding that the adults children''s needs will not be included.


Children under 18 are the priority but that doesn''t mean children over 18 are irrelevant. If you are interested the case law is Lilford -v- Glyn [1979] 1 WLR 78. Consideration for dependent over 18s arises under s25 Matrimonial Causes Act 1973 factors such as financial responsibilities and obligations or one of the circumstances of a case.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
21 Sep 12 #357227 by MrsMathsisfun
Reply from MrsMathsisfun
So an ex could claim that their adult child is unable to support themselves indefinitely and therefore claim they still have a ''need'' to provide a home for the ''adult child'' and as they can''t the ex might suddenly be expected to pay sm.

So at what age would a child become an adult in law?

  • sillywoman
  • sillywoman's Avatar
  • User is blocked
  • User is blocked
More
21 Sep 12 #357233 by sillywoman
Reply from sillywoman
I think the problem is that nowadays housing is not easy to come by for the young and therefore parents are "expected" to house their young but adult children as of course wages for young adults are low.

If both parents live together, both parents would assist their young adult with living expenses, but where there is only one of the parents in the house, particularly without a partner helping out with household expenses and also having a young adult to home it becomes difficult.

I akin this to university grants. A youngster going to university has to give household income (i.e. the parent where they "live") and not both parents household income. In many cases this means the parent where the child does not reside gets off scott free, whereas if both parents lived together and therefore their joint income was taken into account, both parents help support their university child.

Maybe the alternative would be for the poster to ask her ex to help with the household expenses whilst the adult children were residing with her.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11