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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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Spousal Maintenance

  • Proctorm1
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10 Sep 09 #145462 by Proctorm1
Topic started by Proctorm1
I am currently in the process of divorce , my wife has instructed her solicitor to apply for the divorce on the grounds of a minimum 2 years separation.

We have been separated longer than 2 years , but my Wife left the marital home approximately 2 years ago and is now renting a property which she cohabits with my 2 children aged 11 and 13.

From the moment that we separated I have paid my Wife direct from my salary £349 every month in respect of child maintenance that was calculated by the CSA.

When we separated , I took over all of the outstanding debts , and arranged a consolodation loan which together with arrangements made with my creditors amounts to a monthly payment of £314 and a balance of approximately £25,000. Apart from a car loan totalling £2500 , my wife was left with no other liabilities

The marital home has a mortgage of £157,000 and is currently in arrears totalling £3600. The property was recently valued at £160,000 and I make a payment of £1050 pm. My wife does not make a contribution.

My annual salary is £32555 and I receive quarterly bonuses from my employer which are not guaranteed and it is proposed that they will stop at the end of this year as a result of the economic downturn (my bonus will show a net figure of approximatly £7,000 for the last 12 months , so my nett income AFTER child maintenance has been taken off will average at approximately £2183 pm.

My total essential outgoings (excluding CSA )equal £2023 on average per month and as I have the children every weekend I estimate I spend £40 per weekend which averages out at £173 per month and for the last 2 years I have taken the children on holiday at a cost of approximately £1000 , averaging £83 per month. This brings my total average outgoings to approximately £2279 pm

As my bonus comes in quarterly , you will appreciate that I have had to 'Rob Peter to pay Paul' and on occasion have had to borrow money from Friends and Family to maintain my payments over the year.

I have outlined this situation to illustrate that I do not have an income excess and I also do not have any savings or investments to fall back on.

Whilst I am not aware of my Wife's full financial disclosure at this moment , my wife receives between £400 and £500 per month working part time , together with working families tax credits (£730pm), child benefit (£130pm) and £349 per month from myself total income approximation is therefore £1609pm.

My Wife's solicitor has suggested that we go to a mediator to try to agree financial arrangements and when I asked her what she was hoping to get out of the discussions , she indicated that she was looking for an arrangement in terms of the marital home (there is no equity and therefore no benefit to anyone in forcing a sale ?)and also that she was looking for 'spousal maintenance'.

I know that there will be no hard and fast rule , but I am hoping that someone may be able to give me an outline as to the likelihood of further maintenance payments based on a common sense approach taking into consideration the circumstances outlined above.

In Short :-

1)Is she likely to be awarded further maintenance ?
2)What possible outcomes could there be in relation to the marital home i.e can she force me to sell it and what arrangements are likely to be proposed by her solicitor ?

If you've read this far , thank you

If you can help me , I will be forever grateful

  • hadenoughnow
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11 Sep 09 #145563 by hadenoughnow
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Proctorm,

Could you clarify this please?

my Wife left the marital home approximately 2 years ago and is now renting a property which she cohabits with my 2 children aged 11 and 13.


Do you mean she lives there with the children - or is she also cohabiting with someone else?

Have a look at divorce lawyers's post on spousal mainenance at the top of the maintenance forum.

It could well be that this is simply a case of the periodical payments box on the form being ticked just to keep all the options open .. this is frequently what is advised because the AR forms are filled in before the full financial picture is known.

TBH as her housing needs are met and the house is in negative equity there seems little point in it being sold ... except perhaps to reduce your outgoings. Having said that though it seems her income and yours are not very far apart and you have taken on the marital debts ... aside from the car which I assume she has.

How long is the marriage/pre marriage cohab?Do either of you have a pension? If you do, what is the CETV?

Hadenoughnow

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11 Sep 09 #145618 by Proctorm1
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Hi There ,

Sorry I mean she is living with my children , she is NOT cohabiting and does not have a partner.

The marriage lasted 12 years , I have a pension , the CETV is £30,939.

Could you also clarify what you mean by

'It could well be that this is simply a case of the periodical payments box on the form being ticked just to keep all the options open .. this is frequently what is advised because the AR forms are filled in before the full financial picture is known.'

Many thanks

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11 Sep 09 #145624 by Proctorm1
Reply from Proctorm1
Hi There ,

Sorry I mean she is living with my children , she is NOT cohabiting and does not have a partner.

The marriage lasted 12 years , I have a pension , the CETV is £30,939.

Could you also clarify what you mean by

'It could well be that this is simply a case of the periodical payments box on the form being ticked just to keep all the options open .. this is frequently what is advised because the AR forms are filled in before the full financial picture is known.'

Many thanks

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