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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.


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Spousal Maintenance

  • Trolley Dolly
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03 Dec 08 #70334 by Trolley Dolly
Topic started by Trolley Dolly
Does anyone know if awarded is it index linked automatically or do you have to request it during the ancilliary relief process?

Thanks

  • IKNOWNOW
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03 Dec 08 #70355 by IKNOWNOW
Reply from IKNOWNOW
Hi,

I know my SM is not index linked, it is just a set amount. So I guess you do have to ask for it to be index linked if you so wish. I was not advised this was even an option.

Regards Sarah

  • dukey
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03 Dec 08 #70359 by dukey
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Hello

SM can be index linked to CPI if so it goes in the Consent Order, i seem to remember SM index linking is more common when SM not short term, hopefully a Wiki peep can give you a definitive answer.

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03 Dec 08 #70368 by Trolley Dolly
Reply from Trolley Dolly
Thanks to both of you for your replies.

Sarah is your SM long term? If so, perhaps you can get it changed to index linked.

  • LittleMrMike
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03 Dec 08 #70375 by LittleMrMike
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Back again with nothing worse than a rather sore back due to being cramped for 8 hours in a plane like a sardine.

There are a number of ways of index linking but on the whole I guess that a link to RPI is the most common. It is basically a matter for negotiation as to what method is adopted.

Speaking as a payer, I think there is some merit in index linking. I can remember the time when the husband tended to
be dragged back to Court for an update in the SM every year or so and of course the cost was pretty gruesome. It's far cheaper to pay a modest increase which is linked to the rate of increase in my pension than be dragged into Court every year.

Mike

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