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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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What do I have to Pay for?

  • lostandonthesofa
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22 Jun 12 #338337 by lostandonthesofa
Topic started by lostandonthesofa
Hi All,

I am somewhat confused and just need a few pointers please.

If you knwo my story great, otherwise short version.

Wife decided she nolonger wants to be married to me.
We have 2 very small children 1 and 3.

We have a house I purcahsed prior to marrige, my wife owned a flat. (she then sold) none of her money has ever been used on the property.

The house is worth 130k and I still owe 135k.

My wife has told me to leave and I have to continue to pay the mortgage £900 and Child care at assumed £420.

Is this true, what do I actaully have to pay?

  • maisymoos
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22 Jun 12 #338349 by maisymoos
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At the moment it would be difficult to not pay the mortgage if you know your wife cannot afford it alone, you are liable for this debt too if it is a joint mortgage.

If you were going through the CSA and were still paying the mortgage you could apply for a variation to the CSA amount based on "Debts held prior to separation". You would need to provide details of the mortgage you are paying and repayments.

If you have based the child maintenance figure on how the CSA calulate maintenance this would reduce the figure you would need to pay.

  • WYSPECIAL
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22 Jun 12 #338350 by WYSPECIAL
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Only thing you HAVE to pay is CM. Anything else would need to be ordered by a court.

Best bet is don''t move out.

  • lostandonthesofa
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22 Jun 12 #338370 by lostandonthesofa
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So realistically I woudl not have to pay

£900 mortgage and £420 CM
£1320 pm to my wife?

I want my kids, but I want to be able to tell her fact she cannot afford ot live in the house and it needs to be sold or she leaves.

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22 Jun 12 #338379 by maisymoos
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Do you pay the whole mortgage? How much do you pay against the mortgage each month?

How have you calculated the £420, did you use the CSA calculator?

An applcation for a variation on the grounds of "debts prior to separation" will almost certainly reduce the CSA amount payable. By how much? this will depend on the level of the mortgage, the CSA use certain thesholds when making their calculations.

  • MrsMathsisfun
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22 Jun 12 #338386 by MrsMathsisfun
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Cant remember from previous posts. Does your stbx work?

For your stbx to remain in the FMH she has to be able to afford the mortgage and bill etc with what income/benefits she earns/entitled too, compulsory CM and possible any sm she receives.

Spousal maintenance is payable if when you have paid for your reasonable needs (which would the same of your ex''s) and CM, you have any disposable income left.

If you move out of the property before your ex is in a position to cover the mortgage and indemnify you, you might find yourself liable for a mortgage of a property that her new bf lives in and because the mortgage is in your name, you will be the one who ends with a poor credit history if the house is repossessed

DONT move out unless your ex is paying for the mortgage out of her income and you know it wont be repossessed.

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22 Jun 12 #338389 by lostandonthesofa
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I pay 100% of the mortgage and always have, I also pay all the bills. All of them until recently I also paid her mobile phone..

the £420 is what a solicitor told me I would have to pay.

Why is she entitled to my disposable income? although my disposable is fake its a credit card...

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