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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.


Spousal Maintenence

  • BEZZI59
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22 Mar 17 #490342 by BEZZI59
Topic started by BEZZI59
Hi I'm speaking on behalf of my Mam who has recently had her divorce finalised from my dad. She has been a housewife for the past twenty five years so she is struggling to get back into the workplace. She is having financial troubles and was advised by somebody about spousal maintenence as she does not have an income and my brothers are still living at home. Her solicitor told her this would not be worth pursuing as there was no guarantees she would be awarded with this, and if the court ruled against her she would have court costs to pay. She is now thinking maybe she would have stood a good chance of being awarded this with her being on no steady income. Has the solicitor given her bad advice and if so is it worth pursuing this and making a complaint? As she is now divorced will she not be entitled to spousal maintenence? Many thanks for listening - BEZZI59

  • LittleMrMike
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23 Mar 17 #490347 by LittleMrMike
Reply from LittleMrMike
It's impossible to give any advice without the facts. Spousal maintenance ( SM ) can be awarded where the recipient spouse has a need and the other can meet that need without undue hardship.

The first question I'd need to ask is whether you claimed SM in the Petition or in Form A.

The second is whether there is a Court order in existence, which might possibly have been drafted in such a way as to exclude future claims.

Let's put it this way _ I think a claim for SM would have been worth investigating. It is normal for both parties to exchange full details of their finances on form E. Was this done ?

It is certainly true that a Court action costs money, and if you get nothing that would indeed be wasted.

Is it too late ? The first question is whether there is a financial order.

If there isn't, or if there is, but it doesn't dismiss the claims of both parties then a claim MAY be possible but you would need to act promptly and legal advice is definitely recommended. And by the
way, don't go to any old solicitor. Someone who is a member of Resolution please.

LMM

  • hadenoughnow
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23 Mar 17 #490348 by hadenoughnow
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Welcome to wikivorce. The important thing here is not the dissolution of the marriage but whether or not there is,a legally binding financial settlement in place.

Do you know if there is a court or Consent Order about the splitting the financial assets?

In financial proceedings on divorce, each party bears their own costs. Costs orders are rare although they can happen where there has been litigation miscinduct.

As to whether SM would be awarded, that would depend on whether your Dad has the means to pay.

Hadenoughnow

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