Who gets what? Can''t agree settlement

MPS is a Maintenance Pending Suit where you apply for periodical payments until a financial settlement is in place.

The value of all contributions to the marriage are taken into account when dividing assets, not just monetary ones. My argument was that my career had been compromised as a result of supporting my ex husband in his career, i.e. I looked after the children while he was overseas for long periods of time (I did still work full time though).

I sincerely cannot see any judge allowing this to go 50/50 because of the disparity in income.

I think you need to get moving urgently with the divorce and financial settlement. Has the mediator given any indication of a fair split?

Thank you.

Haven''t got that far into mediation. Last session was financial disclosure ( minus W pension)

Hoping that next session we put those settlement options on the table and see what mediator says.

Do I have to see Sol to organise MPS?

I think applying for MPS is an option that you can tick on the Ancillary Relief application form, and that there''s a set fee for submitting that form to court, whether it''s ticked or not. The MPS part of the application is dealt with at a different speed to the Ancillary Relief. As with all of these forms and applications, it''s the associated legal advice that costs the money. Hopefully a wiki expert will advise if I''ve got it wrong, not having gone down that route myself.

Might be worth you mentioning at your next Mediation session as the Mediator should be able to advise about the process and if you have a strong case. If your wife is continuing to pay the mortgage on the house while she is residing elsewhere then, in effect, she is already paying maintenance so you have an argument that she has the ability to pay it.

Did you say you haven''t started divorce proceedings yet? You have to have petitioned for divorce before you can apply for mps, but I believe the two applications can go to court at the same time.

Hi Elphie,

You are right, proceedings haven''t started yet.

What can I use as a reason? Don''t really want to inflame anything if possible so need a ''reason'' that''s acceptable to both parties.

For unreasonable behaviour you just need a list of half a dozen, maybe less, reasons that don''t have to be too dramatic. I wrote my list and got my ex to agree to it before getting it drafted into legal speak by a solicitor. I''ll PM you my list if that would be useful?

That would be really helpful, thank you.

Do I need to do anything in order for you to PM me?