Maintenance ( Payments of Money to be paid over a certain period of time) is an important part of the divorce procedure.  You have been living as a couple, now (until you find another partner) you will be living alone.  In many ways it is true to say that two can live as cheaply as one.  Now, although you will not be living together as a couple various factors come into play as to whether you must pay her money or she must pay you money or whether you decide to amicably forget about any financial settlement and just walk away and have a fresh start.

There are five main things to consider.:....1...Should there be any maintenance?   2. Do I have to pay Forever?  3. What is a Fair amount? 4. What about the children?  5.  Wills

1.    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 and divide all things such as property and possessions, and go your merry way. If you are both young and working then this is very simple .

      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.  Presumably there had been a time when you cared strongly about this other person (and vica versa) so you cant anymore live together (for whatever reasons) Life does not end there, this like everything else will pass, try to be reasonable and reach an amicable settlement because courts and solicitors cost money...fact!

2.   Maintenance doesnt have to go on for ever.  Usually it goes on until the children are grown up or until the non-earning partner can re-train and become independent (or get her/him self a job).  Maintenance does depend on the circumstances of the couple.  Standard of living you have had or he/she will have, capital, assets, pensions etc.  All these things will need to be taken into consideration when an order is made.

     Payments cease (for the person receiving maintenance)

      On remarriage

      Co-habitation

      Death

3.       What is a fair amount?  How much should you pay or be paid?  How do we work out the amount?

          Unless you have lots of money your standard of living will alter now, whether you are the payer (of the maintenance) or the recipient.  First check how these payments will affect any State Benefits you  receive.   Make a list of all reasonable outgoings (do this together if you are still living together ....and talking)  Go into every possible scenario, especially children, and any outgoings they have or may   have in the future.  Write down a list of both of your individual resources, wherever it comes from, including state benefits, child maintenance (if you receive it) stocks and shares, earnings etc. then   deduct any outgoings from the total.  Make sure you have both been fair and reasonable.

4.     Children is a helpful Link: http://www.ondivorce.co.uk/childsm.htm

         Children are the innocent victims in a divorce and deserve to have their lives as undisturbed as possible during a seperation or divorce.  When deciding on a fair amount of child maintenance or                 paying a Court order 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 in a young persons 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 be any different now?  School trips and pocket money and all the little extras that make life a better place to be, are important...so once again be Kind, Thoughtful and 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.

5      Wills.  

         When you got married your old will became void.  This does not happen on divorce or seperation it may however need to be amended by choice.  Best take a look or make a will if you havent already.