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The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income.
Typically, one party will take the initiative and instruct their solicitor to write an offer letter to the other side. The other party and their solicitor will consider the offer and typically reply with either an acceptance or a counter-offer. Further offers and counter-offers may follow.
As well as looking at actual earnings, the Court will also assess the parties' future potential earnings. The Court will take a realistic approach when calculating the settlement and will take account of the individual's skills, time out of work, age and the possibility and cost of retraining and the job market.
The first thing you should do when faced with a settlement agreement is to take it to a solicitor who will review the agreement and advise you as to whether it might be best for you to accept it or try to negotiate better terms with a counter-offer.
On divorce, the aim is to divide the assets fairly. Fairness does not necessarily mean an equal division. What it does mean is that the parties must be left in the position of equal standing and that there must be no discrimination between the respective roles of breadwinner and homemaker - which are regarded as equal.