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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 maintainence

  • jonsaints
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16 Aug 24 - 16 Aug 24 #523752 by jonsaints
Topic started by jonsaints
Hi - i hear horror stories re spousal maintenance. My situation is. married 17 yrs. Wife has always been PT but spends a lot of money on beauty and other non essential items. We have 2 children 12 and 14 years. I have no issues paying the child maintenance for them. Where do i stand following divorce re spousal maintenance? I think i will be struggling financially following divorce - am i expected to keep her to the lifestyle she is accustomed to?
Last edit: 16 Aug 24 by jonsaints. Reason: spelling

  • EMC3419
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16 Aug 24 #523753 by EMC3419
Reply from EMC3419
No. Please note:

1) Spousal maintenance is for needs, not wants. Courts measure needs as someone not facing undue hardship. Fancy cosmetics are not a need;

2) Spousal maintenance is only payable when the payer can afford it. Unless you are earning well into six figures then you won't be considered able to afford it over and above child maintenance;

3) Due to the ages of your children, your wife will be assessed as having a full time earning capacity which she can exploit to meet her needs;

4) Courts have a strong preference for Clean Breaks these days. It will be your wife's job to convince a court an immediate clean break is not possible, not yours to justify one. It is a high bar she will have to meet to do so;

5) Spousal maintenance is very rare in England these days, something like only 16% of divorces and even then often only for a nominal amount. That doesn't mean lower earners' solicitors don't try their luck though so be very firm when saying no to any requests for money. Don't establish any precedents that can be used against you. Just keep saying no. No, no, no.

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