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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.


Mesher agreement and maintenance

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22 Mar 12 #319611 by Dummad
Topic started by Dummad
Hi everyone,
Need some advice on Mesher agreement that was granted in 2001.
Basically I am a single Dad whose Wife left the family home and I with the children aged 12, 10 and 6. That was fine but the court at the time issued a Mesher agreement that when the youngest was 18, house to be sold and 40% paid to my Ex Wife. He made no order for Maintenance against my Ex ! but I had to transfer House and Mortgage into my name.
Now I have about 9 months remaining and can I do something to recover any monies from my Ex regarding lack of Maintenance when I have to sell and give her 40% of the selling price ?
Thankyou in advance

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22 Mar 12 #319619 by Fiona
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Usually the person living in the house is responsible for maintaining it. Did the terms of the order say anything to the contrary?

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23 Mar 12 #319651 by Dummad
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Sorry for the confusion I meant that the children stayed with me but my Ex does not pay any maintenance for the children and has not done since leaving 12 years ago. This is why I think it unfair that I have brought up my children emotionally and financialy but she still has 40% share in the property. The house has been maintained by myself.

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23 Mar 12 #319658 by mumtoboys
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why did you not open a case for maintenance with the CSA?

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23 Mar 12 #319671 by Fiona
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I''m very sorry but child maintenance cannot be back dated before an application was made. The courts no longer normally have jurisdiction for child maintenance and all you can do is apply to the CSA so that child support is paid until your children leave non advanced education or reach the age of 19 (rising to 20 shortly.) Ch

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23 Mar 12 #319756 by Dummad
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There was a case opened with the CSA but she is claiming benefit so unable to pay maintenance. Just wondered if she got this money if there was any claim for back maintenance.
Thanks
Andy

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23 Mar 12 #319757 by mumtoboys
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No, it doesn''t work like that. It''s based on income and/or capital. If she has over £60k after selling sitting in a bank account somewhere then it will be possible to make a claim on that money. You''ll have to let the CSA know she''s got capital over that value and ask for a reassessment.

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