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While married, you live as a couple, but following a divorce you may be living alone. Maintenance is when one spouse pays the other regular sums of money over an agreed time period after a marriage ends.

You may also decide to amicably forget about any financial settlement and just walk away and agree on a clean break. This might be most appropriate if you are both working, have no children and have been married for a relatively short period.

Divorce And Maintenance


Should there be Maintenance?
If you agree to a clean break , and there are no children involved , then things are fairly simple. You reach an agreement between yourselves as to who gets what in terms of property and possessions.

The problems start when people cannot agree amongst themselves and solicitors and courts are involved. So try to be fair and think of the other person. Try to be reasonable and reach an amicable settlement because courts and solicitors cost money!

If there are children involved,

Do I have to pay Maintenance forever? 
Maintenance doesnt have to go on forever.  Usually it goes on until the children are grown up or until the non-earning partner can re-train and become independent (or get a job). 

Maintenance does depend on the circumstances of the couple.  Standard of living you have had or will have, capital, assets, pensions and so on all have to be considered. 
    

Payments cease (for the person receiving maintenance) on remarriage, co-habitation
or death.

3. What is a fair amount?
How much should you pay or be paid will depend on a large number of factors. Unless you have lots of money your standard of living will alter following a divorce, whether you are paying maintenance or the recipient and Maintenance payments should reflect that within reason.

4. What about the children? 
Children are the innocent victims in a divorce and deserve to have their lives as undisturbed as possible during a separation or divorce.  When deciding on a fair amount of child maintenance try to remember this.  Divorce of any sort is often not very pleasant and requires a great deal of adjusting to, but it is especially hard for children and young people.  Money, or absence of it , can make quite a difference to a young person's life and what they will become in the future. 

When you were married you wanted the very best for your children and would probably give them every penny you had if the circumstances warranted it, so why should it be any different now?  School trips and pocket money and all the little extras that make life a better place to be, are important. Once again be reasonable when working out how much you can afford to pay, or if you are the recipient, consider carefully all the things your children may need in the coming years.

What about a Will?
When you got married your old will became void.  This does not happen on divorce so it is up to you to make any changes required to your own Will. As part of their online divorce service, Divorce Online offer free Wills to both parties if required.
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Divorce In England
and Wales


Ending A Marriage

The Divorce Process

The Divorce Procedure

Grounds For Divorce

Uncontested Divorces

Maintenance
Children And Divorce

The Effect Of Divorce On Children

Helping Children Cope

Your Role As A Parent

What To Tell Children

When To Tell Children

Divorce In Scotland

Grounds For Divorce (Scotland)

Simplified Divorce (Scotland)

Non-Simplified Divorce (Scotland)


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