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What are we each entitled to in our divorce settlement?

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.

What is a Consent Order and why do we need one?

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


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cohabitation

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29 Apr 12 #327052 by sim5355
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hi! i hope somebody could shed any light for me
age 46
ex 50
divorced last august after 20 years
3 children 19,18,9
first hearing in court 13th june after nearly 2 years of mediation and trying to avoid court but husband offering less the 50%
what i wanted to know is, he has been seeing his girlfriend for a year.he stays with her 3 times a week sometimes going straight from work.i do not know if he pays any bills but i think he pays for some food (will know more when i see form E)would this be classed as cohabitating.

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29 Apr 12 #327053 by WhiteRose
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29 Apr 12 #327059 by sim5355
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thankyou white rose i can see that proving is difficult but as i am on my own and unemployed with 3 children getting a mortgage is going to be difficult so will need as much equity as possible and as i think once this process is over he will be moving straight in with her

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29 Apr 12 #327115 by hadenoughnow
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Sim

50% is unlikely where there are children. Are the older 2 at - or going - to uni?

The settlement will depend on needs for housing and income and the ability of the marital pot to meet them.

As you have a young child, it is possible you will end up with a larger share of the equity and possibly even an order that you stay in the FMH until the youngest is 18 - at which point he will get his share of the equity.

To answer your questions more effectively we need to know

Ages
length of marriage + cohab
Children - ages and arrangements
Incomes inc any benefits
Value of FMH
Mortgage on FMH
Size of FMH
Pensions - CETVs if you have them.
Value of other assets - ie savings, endowments, art collections etc
Liabilities ie debts (except mortgage) in sole or joint names.

Hadenoughnow

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29 Apr 12 #327204 by sim5355
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hi! hadenoughnow
one of the children has just left college the other is in second year of A levels then hoping to go to uni
ages are 19,18,9
marriage 20 years 2 cohab
all children live with me they do not stay with there father at all the 9 year old does see him but does not sleep over the middle one wants nothing to do with him
i receive jsa,tax credits,child all for 2 children
i have just received csa payment of £240
house is valued at£ 400000
mortgage £90000
5 bedroom house
his pension £85000plus
mine £1700
land with planning worth £120000
endowments worth £78000
debts are £12000

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29 Apr 12 #327213 by hadenoughnow
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Is the csa payment for two or three children? It would suggest his income is between 960 and 1200 a month. Is that right??

There aren to be a lot of cash assets. One important factor will be hoe much it would cost to rehouse. What would a 3-4 bed property cost?

Hadenoughnow

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29 Apr 12 #327268 by sim5355
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hi! the csa payment is for 2 children and yes income is around that amount

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