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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Going into retirement

  • rugbyref1509
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07 Oct 24 #524315 by rugbyref1509
Topic started by rugbyref1509
I have a question, and would like opinions/help/advice please.

Current situation....

Divorced in 2003

Wife got house and some of my assets.

I got nothing

Clean Break agreed.

Spousal maintenance set at £700 per month for life.

As work situation changed in 2011, this was reduced to £300 per month.

I am going into full retirement at the end of 2024.

Can I apply for the £300 per month to be ended, as my only
income will be the state pension?

I also have a fully owned house (no mortgage) bought over the past 20 years
as I built up my life again, and a personal pension.

I am presuming my house and pension cannot be used as assets
as we had a clean break at the time of divorce and I can't have
any claim on her house. Is that right?

I have been advised that I need to complete a Form D11
if I want this to go back to court. Is that correct?

Thank you for any advice.

  • WYSPECIAL
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07 Oct 24 #524316 by WYSPECIAL
Reply from WYSPECIAL
You can apply to court but if you have a personal pension how come your only income will be state pension?

If SM was payable it wasn’t a clean break. Did the order take into account that your income would be reducing so much in retirement?

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