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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.


Maintenance - spousal and child

  • Jasjadjos
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26 Sep 12 #357872 by Jasjadjos
Topic started by Jasjadjos
Hi,

My wife and I separated 4 years ago.

I earn approx £2300 per month net

She earns approx £1200 per month net from part time work and benefits

In addition to that I have been paying her the following.

I have been paying her £625 maintenance payments for three children and £675 for the mortgage plus £50 for a vet bill (last 12 months).

Children are 15, 16, 18 they are all in education eldest will be until she is 19 1/2 as she started another a level course after 1 year.

I give her £1500 for presents for children at Xmas.

I pay £20 per month phone bills for 2 of the children.

I offered to pay maintenance as defined by law reducing by amounts of 1/3 as each date is reached, pay the mortgage indefinitely until she can sort her self out.

She went to a solicitor yesterday and they have told her to apply for spousal maintenance.

How much will I need to pay ? How long for? I started living with a new partner 6 months ago, will they include her income,

I am really worried as things are tight for me now, I can not afford any more money, I am still paying debts from the marriage.

Any advice would be appreciated.

Thank you.

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26 Sep 12 #357876 by Action
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I don''t know the answer to how much you will need to pay but you clearly need to get a financial settlement formalised urgently or this will keep coming back to bite you.

Division of assets is looked upon on a needs basis and the ability to pay. There are a couple of things against you: one that you have been paying money in excess of child maintenance, i.e. mortgage payments etc. which suggests that you can afford to pay; the other is that you are co-habiting which reduces the amount of money that you need to house yourself.

Is your wife able to work full time (earning ''potential'' is one thing that is looked at).

I recommend that you do a monthly expense schedule to show what your needs are, as a starting point. Also, to consider going to mediation to sort out your finances/financial disclosure which can be much cheaper than going the ancillary relief/court route.

I''m sure someone with more financial expertise will be along soon to ask more questions in order to give a more informed response.

  • Jasjadjos
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26 Sep 12 #357881 by Jasjadjos
Reply from Jasjadjos
Hi, yes I have been paying more but suffering financial debt as a result ! Still have lots of debt to pay from the marriage. She works part time but claims she needs to be home for the children or she can not get full time as she has limited transport.

Thank you for your reply

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26 Sep 12 #357884 by Action
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Not sure that how a court would view her only being able to work part time with children the age they are. Is there much equity in the house? Is your wife expecting to get more Spousal maintenance than you are paying already?

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26 Sep 12 #357886 by Jasjadjos
Reply from Jasjadjos
Hi,
I agreed to pay the mortgage until she can sort herself out financially. I was happy to sign an agreement if made legal to this effect.

Her solicitor has recommended rather than that she gets spousal maintenance for the rest of her life to the same value.

There is no equity as such in the house.

I would like to remortgage the house to slower amount in 1 - 2 years time so I pay less, she wants the amount set now.

I am concerned if she chooses to leave the house I will be stuck paying the mortgage, child maintenance and the spousal maintenance.

I am also concerned I can not afford any more money and also that I will be paying the spousal maintenance for the rest of my working life 25+ years.

Thank you.

  • cliasmol£7
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26 Sep 12 #357889 by cliasmol£7
Reply from cliasmol£7
Dear J
I am so terribly sorry that you have had so much grief with the chi;dren;
Please stand up to what you are entitledv too if not you will regret it,
All the best

  • Gillian48
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26 Sep 12 #357893 by Gillian48
Reply from Gillian48
Hi I''m in a similar position but my ex gives me nothing for housing or the kids but in your case if your not divorced I guess she''ll be looking for ancillary releif which I would have though would include the mortgage payment - why give her extra money the kids are older at Xmas etc.. why not give the money straight to them or buy them gifts yourself I''m sure it''d be cheaper?? is there a reason why you haven''t got divorced ? I''m sure you would be better off - I understand you want to ensure your kids have a home but if the house was sold couldn''t she rent something for less and £50 a month for vets bills is she paying half?? I''m no solicitor but just going on my experiences you seem more than generous - I wish my ex was such a caring parent. For the sake of your new relationship I would seek legal advice, either go to mediation to sort out a financial arrangement or get a divorce - either way I think you''re being more than generous - and I''m sure you would be better off?! good luck with it all - you''re a very generous ex - she ought to be grateful for what she already getting - she might end up worse off!

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