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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.

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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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  • julie321
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10 Oct 12 #360155 by julie321
Topic started by julie321
It looks like stbx has stopped the 600 pound payment per month he has paid since leaving 3 years ago.

I will not be able to pay all bills and mortgage now. This was just an agreement between us so not enforceable I assume.

I have an income of 608 pound per month and bills of 800 before food.

Any suggestions on what I should do?

  • rubytuesday
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10 Oct 12 #360160 by rubytuesday
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Julie,

Sorry to hear this; you are correct in that an informal agreement is not enforceable.

You should maybe consider applying for Maintenance Pending Suite - a court ordered amount of SM payable while the divorce is on-going.

Have you checked to see if you are entitled to any kind of benefits at all?

  • sulkypants
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10 Oct 12 #360163 by sulkypants
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I agree with the previous poster see if you are entitled to any benefits and apply to the court for SM.

I would also add that you could ask him why he is not paying you the amount any longer, if you are able to contact him. His circumstances may have changed, although you would have thought he would have told you beforehand rather than leaving you in this situation. Ha he lost his job etc?

Did you agree the payments would be for a certain length of time?

  • julie321
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10 Oct 12 #360165 by julie321
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The only benefit I can get is reduced council tax because my income is a pension. He sent a message with daughter to say he wouldn''t pay anymore because she has gone to uni. I did not expect hiom to pay 600 anymore but at least something as she is at home 22 weeks a year and I will have to support her then. We had an agreement that until she finishes uni we would not sell house. We drew up our own agreement and both signed it but I am aware it does not hold any weight.

I saw solicitor last week to file for divorce and she said she would write to him and I beleive he has also seen a solicitor but not instihgated anything.

  • hawaythelads
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10 Oct 12 #360166 by hawaythelads
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Go on the HMRC website working tax credits calculator with an income of £608 per month.
It said on the calculator you would be entitled to claim £1324 in tax credits from now to tax year end. So thats an extra £220 per month.Beter than a poke in the eye with a sharp one.
All the best
HRH xx

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10 Oct 12 #360167 by julie321
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HRH

I have contacted tax credits and all my benifits have stopped because daughter is at uni and I am not working at the moment.

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10 Oct 12 #360178 by sulkypants
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Contact your Solicitor and ask for him to make an application for SM for you, have all your expenses information to hand as this will be relevant to prove your case.

It might be possible for your daughter to apply for support off him herself as she is still a student.

Try and establish if his situation has changed and there is no money there.

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