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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.


Spousal maintenance

  • Steve8054
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12 Oct 12 #360566 by Steve8054
Topic started by Steve8054
I met my ex-wife after she had been married to someone else for almost 20 yrs and had 2 children aged 9 and 15. I took them on and tried my best but after 12 yrs of marraige everything fell apart and I left her. The divorce wasn,t to messy, but she finished up with the marital home, all the contents, ISA,s etc. I left with my car, thats all. The court ordered that I pay £225 pm maintenance and because both pension funds where almost equal at the time no sharing order was made. I have now retired like my ex-wife and want to stop the maintenance, this looks like it will be an uphill struggle as she is trying to dictate the terms and complaining that her lifestyle will suffer. My thoughts are, why after all this time should she be entitled to any further payments, when in total over the years she has has £150,000 of assets and cash and I got nothing. She as not approached her first husband for anything, even though he is the father of her children and was married to him longer. What is the likely outcome at court in a few weeks, as I really want rid of her?

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12 Oct 12 #360572 by WYSPECIAL
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She can''t go back to her first husband for maintenance as any claim she may have had would have ended upon marrying you. Equally the children must now be grown up so she can''t claim for them.

You need to post more details of each of your incomes and ages in order for someone to advise if you are likely to get SM changed.

What were the original terms of the order and what has changed since to make you feel it should change now?

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12 Oct 12 #360574 by Steve8054
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I am a retired police officer receiving around 1300 pm, and she is receiving 900 pm. I am 53 and she is 62. I am annoyed that during the divorce proceedings there was no mention of maintenance until the last sentence by her barrister asking for it and not giving me any opportunity to defend it. I paid for and brought up her children with very little financial assistance from their father who drank all his money away. I felt at the time of the hearing my barrister was very weak and did nothing in court to fight my corner, along with all the tears that the judge fell for. She as also it looks like managed to hide money away that she as failed to disclose, which I am hoping will make a difference. My new wife and I would just like to see the back of her.

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12 Oct 12 #360578 by dukey
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To vary successfully the court need to know if there is a reason why it should happen, do you now have less money than you did?, without a change in circumstances your wasting your time.

So since you retired has your income taken a nose dive?, you mention a new wife, does she work?.

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12 Oct 12 #360580 by Steve8054
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Yes my income as dropped quite a lot, it is now 200pm less than when the original order was made. My wife does work, but we still have a mortgage etc, where my ex wife got all the insurance policies to pay hers off.

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12 Oct 12 #360582 by dukey
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Your total income is £1300 per month? and you pay £225 from that, am i reading this right?.

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12 Oct 12 #360583 by Steve8054
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Dukey. Yes that,s correct. When the order was made 11 yrs ago I was earning £1600 pm. Bit of a difference.

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