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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.

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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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Legal Language example? Percentage of Income?

  • GoodGuy69
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05 Aug 21 #517372 by GoodGuy69
Topic started by GoodGuy69
Hi,

I'm not using a solicitor at the moment and I'm wondering if anyone has a template for the legal language used for proposing Periodical Payments (Child/Spousal)?

We have not divorced yet and I need help creating my Financial Proposal.
At the moment I am providing monthly: 37% of my post tax income (25% pre tax) in Periodical Payments. We have two daughters and this amount is essentially double what the www.gov.uk/calculate-child-maintenance would calculate.

Is this too much?
I have a few people telling me I am paying too much. My end of month bank balance = zero with zero saving.

Is there a rough way to calculate this?

When drafting my proposal I originally wrote a fixed monthly figure - example £1,500 per month.
Is there some legal language conditionally I could use in case my income decreases? Perhaps I write it as a percentage?

Also what about EXTRAORDINARY Expenses? Example, our oldest daughter has needed some therapy. Understandable. My ex is demanding that I pay for this, on top of what I'm already contributing? Brutally shaming me.

How are these extraordinary situations usually handled? Language used to draft? Frankly my ex will always try and create an extraordinary situation intentionally to go beyond the monthly amount. So I'm trying to write language that is firm - any help?

Here's an example of what I've drafted. Is this any good? Not sure I should put second part in? Thanks in Advance!!This maintenance is to be allocated to cover ALL main expenditures required and avoid any additional amounts requested. It is to be used at your discretion, and to cover extra curricular activities such as groceries, petrol, school uniform, trips, external tuition or interests/hobbies, clothing, outings and medical care / therapy, as well as general expenditure towards the family home and family car etc. Any major expense or expenditure must be discussed and agreed writing in full and before any commitment is made. It should not be necessary with the £1,500 allocated each month for any such or additional expenditure

  • Rickoshea
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06 Aug 21 #517380 by Rickoshea
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Without knowing all the details it's hard to say but paying double the CMS is setting a precedent already. Seeking advice would be a better use of some of the money.

Child and Spousal "Periodical payments" are two different types of order, a Child order could be over ridden by the CMS calculation in 12 months so no matter how it's worded if it's purely for child maintenance it may end up meaningless whereas if it was Spousal then it may continue and have relevance so the wording probably does need to be checked by someone who knows

  • rubytuesday
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06 Aug 21 - 06 Aug 21 #517382 by rubytuesday
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If these monthly payments are for child maintenance then I would remove any reference to "general expenditure towards the family home and family car", otherwise you are muddying the waters as to what/who exactly the payments are for.

You aren't required by law to pay more than your statutory calculated amount - if you choose to pay over and above that, then that will benefit your children of course, but you shouldn't be left in a position where your financial situation is impacted so significantly that there's no room for you to save or pay for essentials/treats for when your children are with you. Perhaps you could reduce your regular monthly payment, but agree to contribute to larger expenses such as school uniforms/trips/events.

I don't think it's necessary to set out what your contributions should specifically cover - cm is a contribution to provide financial help with a child's everyday living costs. This includes things like food and clothes, extra-curricular activities, and helping to provide a home for your child or children.

I would suggest you keep it short and t the point - that you will agree to make a family based arrangement for child maintenance payments of £X, payable on X date of each month.

More information on child maintenance can be found in our guide - Wikivorce Guide to child maintenance
Last edit: 06 Aug 21 by rubytuesday.

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06 Aug 21 #517389 by WYSPECIAL
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Be wary of meeting demands to pay for more and decide now how you are going to deal with it. Pay for an extraordinary item now and there'll be more and more demands. School uniform for September will probably be next. Many people pay for extras thinking it will keep things amicable. Whatever they pay it is never enough. Eventually they have to say no and it leads to animosity.

You don't give much in the way of detail but the % you are quoting and the figure of £1500pcm suggest you earn £75-£80k pa?

If that is the case, plus the fact you can clearly afford to pay more as you are already doing so voluntarily, could mean SM is payable.

Be wary of setting precedents.

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