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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.

 

Ex won't work

  • mackemlondon
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22 Feb 24 #522615 by mackemlondon
Topic started by mackemlondon
Anyone help with above.

My ex, has never worked during our marriage, refused to work, and now wants:-
  • Matrimonial Maintenance
  • ontop of the child maintenance I already pay
  • as much of the assets as she can
  • pension
  • etc
She is saying she cannot work, as our child is autistic. Our child is not high on the spectrum, I was the one who did all of the work duirng COVID working with Council and specialists to get him fudnding to go to a special needs school. He goes to school on normal school hours, can get a lift to and from schooll via the mini-bus service he qualifies for.

Ex has more NET income than me, after you take into account the child maintence i pay her.

I need help in how i argue my case that she:-
  • is able to work, around the school hours (like every other parent btw) and should maximise her earning capacity rather than i pay her matrimonial maintenance
Any help HUGELY appreciated.

  • hadenoughnow
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25 Feb 24 #522639 by hadenoughnow
Reply from hadenoughnow
Hmm. She would be expected to maximise her income through work and benefits as a top up.
Spousal maintenance is increasingly rare not least because it's deducted £ for £ from benefits. It is based on needs (hers) and ability to pay (yours).
It may be that she needs a greater share of the capital assets to meet her housing needs. Some of this could be offset against pension share but it is also possible for pension to be shared equally even where the capital split is unequal.
Without knowing more about your circumstances and the cost of suitable alternative housing, mortgage capacity etc it is hard to comment in detail.
What you need is full financial disclosure and an assessment of needs to help inform a fair settlement. Unless she is medically unfit for work she should be doing something to earn an income.

Hadenoughnow

  • mackemlondon
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27 Feb 24 #522647 by mackemlondon
Reply from mackemlondon
Thank you hadenoughnow

I am now looking to stay as LIP, but looking for a good Council\Barrister to represent and be a good advocate to negotiate an agreeable settlement at FDR. I don't see any value in paying for a solicitor just to do admin that I can do. Any thoughts on this?

Finding a good council\barrister, at a reasonable fixed price, without knowing what I am gong to get as how well they can argue my case, is a minefield in itself. I've briefly reviewed Legal 500, Chambers.com, and general google, but still am unsure:-
- how suited a DA council\barrister will be to my case
- how well a DA council\barrister will argue my case
- what are the general costs for a DA council\barrister (low, middle, high) for an FDR

Any thoughts?

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