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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.


Fair amount of maintenance?

  • rebeccatom
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05 Oct 12 #359457 by rebeccatom
Topic started by rebeccatom
I am hoping someone can help, I am writing on behalf of my mother who is currently separated and will be divorcing next year.

Her husband has a solicitor and even though her and her husband initially agreed, his solicitor keeps changing the agreement.

They were married for 10 years

the financial situation is she will keep the house as she had it from before they were married. and in exchange she will not take any savings he has or any claim on his pension contributions since they were married.

This works out as about a 50/50 split so we are happy with that.

My mother is not in great health and has not worked since they got married as she moved to another country to live with him at his place of work. She may be able to get a part time job but will probably be on minimum wage as she has no current work experience since leaving the uk.

He earns £48642 a year tax free.

Can anyone give me a clue of what would be a fair maintenance amount?
Also any ideas about what is a fair term for this? His solicitor is trying to say he will pay £475 for 5 years and nothing after that. it doesn''t seem right.

  • maisymoos
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05 Oct 12 #359459 by maisymoos
Reply from maisymoos
HiFor anyone to help more information is needed.

How old are they?
What are their respective pensions?
Is your Mum going to be mortgage free?
Are there any dependent children of the marriage? If so how old are they and with whom to they live?
How much is the house worth, what is the equity?
What savings are there?

You say he will keeps savings and pensions and your mum keeps house, however more detail is needed for anyone to be able to advice if this is a fair split.

Is the £475 per month???

  • rebeccatom
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05 Oct 12 #359460 by rebeccatom
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How old are they?She is 57 He is 50

What are their respective pensions? he has good pension provision having been in the raf previously. He has put £53000 in his current pension since they were married.
She has a very old nurses pension but nothing since she was 27.

Is your Mum going to be mortgage free? Yes, she is going to be selling the house and buying a new one outright. she will come out with around £210000 to buy a new house with and any money left over will help to provide an income. When they married it was agreed he would have 20% equity, which he has given up in exchange for the savings & pension

Are there any dependent children of the marriage? If so how old are they and with whom to they live? No dependant children

How much is the house worth, what is the equity? She has sold it STC and should come away with around £210000

What savings are there? He has £10000 savings tied up for 5 years



You say he will keeps savings and pensions and your mum keeps house, however more detail is needed for anyone to be able to advice if this is a fair split.



Is the £475 per month??? Yes per month

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07 Oct 12 #359741 by rebeccatom
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Does anyone have any ideas or help on this? Any info is much appreciated. I am trying to do the best for her but I don''t know what to tell her.

  • MrsMathsisfun
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07 Oct 12 #359746 by MrsMathsisfun
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Its difficult to answer because 10 years couldnt really be considered a long marriage so sm joint lives might not be appropriste.

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08 Oct 12 #359767 by WYSPECIAL
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How much will a suitable house cost?

If she is getting a house fully paid for and ends up with a lump sum as well to then get £475per month tax free for half as long as the marriage lasted, ie £28500, on top of her wages sounds quite good. What is she hoping for? Would she rather a lump sum than periodic payments?

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