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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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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.


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13 Jun 12 #336409 by scaryspice
Topic started by scaryspice
Hi , could someone please advise me ,

If my STBX is granted a proportion of the house on its sale in 8 years , for those 8 years would he be expected to pay towards the mortgage, buildings insurance,council tax, repairs etc on the house for that time or am I expected to pay for all this ?

Thanks

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13 Jun 12 #336413 by dukey
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Not always scary (though i doubt you are)

It really comes down to circumstances, what your talking about is a mesher order whereby the none resident partner retains an interest in the former matrimonial home to be realised at a fixed point in the future or a predetermined event happens to cause sale.

An example, lets say we have a lady with three small kids with a very limited income potential and a guy with a half decent job, there is no point selling the marital home because the kids could not be housed for less, plus all the upheaval it causes, so the guy may be asked to pay towards the mortgage until the kids are grown, but if the guy cannot afford to pay because he has his own stuff to pay then he may still have the charge but not be asked to contribute.

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13 Jun 12 #336419 by scaryspice
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Thanks Dukey ,

His monthly income is £3000 , he is about to become a professor and so his income will increase further.
His only stuff to pay is a rented flat,and child maintenance ,and living expenses for one ,I have the two kids and me to support.
He is also living in his girlfriends house at the moment,paying towards gas,electric etc. for her and at his own flat ,but that is his choice to run 2 places.
Mine is £1800
We have two kids ,10 and 14 years old

Does that make a difference?

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13 Jun 12 #336424 by dukey
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Can i ask how old you both are and how long you were married.

Most importantly will you need some financial assistance, this is all about your need and his ability to meet that need.

His income if net is certainly high enough for this to be real issue.

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13 Jun 12 #336428 by scaryspice
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We have been together 25 years ,i bought the first house and supported him for 5 years while he was doing his PhD and then whilst he was on a low wage .
We moved to America for 2 1/2 years to further his career , during which time I didn''t work .
We then moved to Wales ,sold the house and bought a house , then another larger house nearby .
I went back to work part time after having my first child .
I have worked part time ever since
we have been married 18 years .
We are both 47

I could manage to pay mortgage and bills and stuff for the kids but would be left with very little at the end of each month
and certainly not be living as I had been ,having nice holidays , clothes etc.

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13 Jun 12 #336430 by dukey
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I would think it quite probable he will need to pay something, for how long will depend on respective age and your earning potential.

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13 Jun 12 #336431 by scaryspice
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I know I could work full time , but I want to be here for the kids and don''t want to work full time ,
I could argue that as he works at a university his earning potential in the private sector would be 3 times what he earns now .

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