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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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allowed 50% of pension, end of payment for kid?

  • confusedbyex
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20 May 12 #331898 by confusedbyex
Topic started by confusedbyex
my partner has been separated for over 5 years now. His ex is now saying Ok to divorce and suddenly want it to be done quickly. (just need to go to the court, pay the money oh and by the way, I am getting half your pension!)

Is this correct? she is a stay at home mum (looked after the 2 kids when they were born - nearly 16 now) and never went back to work. However when they separated he kept the house but remortgaged it and he bought a new one that is entirely under her name (she received more than 50% of the share), and he does pay her a monthly allowance for the kids.

The relationship has been quite amicable so far but not sure if lawyer is involved that she will be as nice.... Also we are expecting our first child together so finances are going to be tight. We have a hefty mortgage and the plan was to use part of his pension to pay it off when he retires. This is not going to work if she takes half of it.

Also, how long do you have to pay maintenance for the children? Can you put a date to end it as part of the divorce settlement?

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20 May 12 #331899 by fedup70
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csa payments usually end when the children leave fulltime education, the csa do take into account though any children that reside in your house( ie your child) . x

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20 May 12 #331901 by confusedbyex
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thanks for this. However he pays her cash every month (she signs for it though)so we do have a record. But it does means that nothing has really gone through the official system!

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20 May 12 #331902 by fedup70
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make sure all copies of signed receipts are given with papers for divorce and solicitors, on the statement of arragements for the kids which he will have to fill in there is a section about child maintenance, make sure that gets filled, this is sent with a pettion for divorce, he could ask that the payments be reduced when your child is born, the district judge will take this into consideration when granting the Nisi , ( the form will have to be signed by your partners ex to agree to payments, if she went back on this the judge will not favour this at all.

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20 May 12 #331903 by confusedbyex
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Thanks for the advice. I will make sure all the paper are filled properly!

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20 May 12 #331904 by fedup70
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am sure you will xxx can be frustrating though, but stick with it, all will be ok xxx

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