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Divorce - what am I entitled to

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  • leeCal
    leeCal Community member Posts: 7,550 Disability Gamechanger
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    Don’t solicitors still give the first ten minutes or so freely?
    or perhaps citizens advice could help.

    “This is my simple religion. No need for temples. No need for complicated philosophy. Your own mind, your own heart is the temple. Your philosophy is simple kindness.” 
    ― Dalai Lama XIV

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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi having been divorced 3 times I would suggest 50% is very much in your favour especially if he has made the bigger contribution to the finances over the years 

    A solicitor would advise him to offer less if this was the case and yours would fight for more 

    You can get 30 mins of free legal advice I would suggest you get that 

    You can divorce by doing it yourself for £550 if it is uncomplicated which is what I have done 

    Also after divorce he will prob need a complete break order or you can be entitled to future pension or lottery win or inheritance 
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    @lisathomas50

    Child maintenance can be taken from earnings if the person does not pay as agreed 

    Bit like my ex he just stopped working to get out of it 

    I've not heard of spouse maintenance for a long time does it still exist ? 
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  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    There are so many things to take into account when sorting out finances you really do need advice from legal expert or you may regret it and it could come back at you later down the line 
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  • woodbine
    woodbine Community member Posts: 11,621 Disability Gamechanger
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    @mandiesw depending what benefits you claim you might be entitled to extra, but that would be affected by savings.
    2024 The year of the general election...the time for change is coming 💡

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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @janer1967 30yesrs ago I was divorced that's why I said I dont know if it still happens my ex died so my maintenance stopped but got a lump some that was owing frim his estate not child for myself thry used to take it fom his wages but the lady isn't going to do that so its not a problem and as I think most of us have said legal help is defiantly required and all divorces are different 
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @janer1967 my brother just got back to me he is a divorce lsyer spouse maintenence  can still be asked for in a divorce as part of settlement  when its asked for years  in some cases not all a judge can order it in certain circumstances 
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  • woodbine
    woodbine Community member Posts: 11,621 Disability Gamechanger
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    @lisathomas50 sorry but you are confusing the issue for everyone here, a lot has changed in 30 years as i'm sure you know?
    2024 The year of the general election...the time for change is coming 💡

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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @woodbine I am going through a divorce now but not asking for maintainance this time 
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  • woodbine
    woodbine Community member Posts: 11,621 Disability Gamechanger
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    <bites tounge>            there is NO automatic right to spousal maintenance anymore
    2024 The year of the general election...the time for change is coming 💡

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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @woodbine and thsts whst I just said you have to ask for it 
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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  • chiarieds
    chiarieds Community member Posts: 16,103 Disability Gamechanger
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    Having divorced my husband last year after separating from him a few years prior, I'll not advise, but let you know my personal experience. I did seek legal advice as I had been told I might be able to get 30mins free advice....in fact the kindly solicitor gave me an hour. I had been advised that most solicitors do this, but, at least in my town, I had been told I might have to ring around them, because one might give such free advice one month, then another the next.
    At first I was just going to go for a legal separation, but was advised by my solicitor that, should I end up divorcing, then the same ground would have to be covered again, so would end up costing me more.
    With a divorce, if using a solicitor, each party has to give a Financial Disclosure, backing it up with bank statements, etc., & how much pensions are worth. And pensions can be tricky.
    In my own case, also no longer working due to disability, much to my surprise I found my Personal Independence Payment (PIP) might also be considered as income, in fact my now ex-husband's solicitor made much of this, altho it could be reduced/stopped at a future date. I was also advised that should I wish to query this in court, which as I was divorcing him would cost me if this went against me, that metaphorically speaking, on the same day one judge would agree saying my PIP was indeed income, whilst another would disagree.
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @chiarieds on Google there is a fantastic legal site which is free it goes through everything my brother who is a divorce lawyer told where to find it's realy good but I don't know how to put it on here 
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @chiarieds its called guide for divorce settlement  its free legal advice updated 20th November 2020
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    My husband is claiming from me  and they have used my pip as income  mine is a messy divorce its been going on a whilst he has an addiction  I have a partner I have been with for a very long time but my ex husband wouldn't give me a divorce then he went on a long holiday and decided now he wants a divorce 
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  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
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    Hi @mandiesw

    Has some of the information and advice provided here been helpful? :) 
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  • mandiesw
    mandiesw Community member Posts: 6 Listener
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    Yes, it’s been very helpful. Thank you to everyone that has replied. 
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  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 Disability Gamechanger
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    Super! You are welcome.
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  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,911 Disability Gamechanger
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    @mandiesw  hope it all goes well for you  take care ? 
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