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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.


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  • delta123
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16 Jun 12 #337015 by delta123
Topic started by delta123
am a full time student and work only 20hrs a week how do l get the best out of my divorce she earns £34000 i earn 15000 gross we have four children together 20, 17, 15, and 11 l live with the 20 and 17 she has the other two l live in matrimonial motgage house l pay motgage and bills on my own for 2 yrs now. do l need a lawyer

  • hadenoughnow
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16 Jun 12 #337030 by hadenoughnow
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What are you hoping to achieve? The marital pot will include the equity in the house and any pensions. It will be divided according to needs. If the house is too large for your needs and cash can be released by selling it, that is what a court would order.

Does your income include any grants or tax credits? If not have you investigated claiming them?

Were you hoping to claim maintenance?

Hadenoughnow

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16 Jun 12 #337041 by delta123
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I want to claim spousal maintenance which I don''t know if I qualify the income includes tax credits n benefits and I hav 15000 to buy her out

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16 Jun 12 #337077 by hadenoughnow
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How much equity is there in the FMH and how big is it? How will her housing needs be met? Is she currently renting elsewhere

Is the 15k savings? If it is then it is also part of the marital pot.

As far as sm goes, you would need to know her net income. Bear in mind that the tax credits etc element of your income is already net. Sm is based on need and ability to pay. She may well not earn enough or her outgoings may be such that there is no spare income.

How long are you going to remain a student?

Incidentally what arrangements do you have re children, contact and child maintenance???

Hadenoughnow

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16 Jun 12 #337097 by delta123
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I served this money after we split n so I don''t know whether it''s part of the marital pot its a two yr course she is privately renting I have taken her to court coz she doesn''t want me to see my children two of them n she has disowned the two I live with coz they didnt want to leave matrimonial home n go with her so child maintanence is not a problem for coz l love these kids to bits we don''t talk as well r the servings u make after she left part of the pot she bought a new car after she left but did not say what value it has I assumed coz she bought it after we split pliz help to clarify these points

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16 Jun 12 #337100 by delta123
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she wants the house sold equity is £35000 I Have paid mortgage alone since she left tho coz she wanted the house to b repossessed coz I was struggling wen she left but I managed to rise up to the challenge n hav been paying full mortgage for two yrs on my own now she says l must rent n sell the house n divide equity fairly even tho she doesn''t want to pay she recently started paying a joint loan coz she was embarrassed that the court will take the view of not paying joint debts seriously the two children l hav r in full time education so they need the house n that''s y I want to buy her out but she does not know I hav £15000 tho

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16 Jun 12 #337119 by hadenoughnow
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delta

everything you have - equity, savings, pensions, cars etc and debts go into the pot for division.
They are divided according to need.
At 20 one of your children is outside the scope of CM.

You have to declare what you have.

What is the market value of the house? How big is it?

You say the course is 2 years - is it full or part time? how long have you got to go?

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