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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.

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

 

Made an open offer today

  • Nearly over
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25 Feb 15 #456901 by Nearly over
Topic started by Nearly over
FDR is on the 17th of March and I''m self representing
Exs sol (respondent) asked me to provide an offer for him to consider
Not sure if I''ve done the right thing but I made an open offer

matrimonial home worth 65k mortgage just under 60k
Myself and the children stay in matrimonial home last of children ages 6 and 7
Turn 18 or leave full time education

Use my best endeavor to release ex

Indemnify from mortgage payments and building repairs
(Valuation came back house needs about 10k worth of repairs)

Future equity 100% in my favor

Spousal maintenance stops -he earms 23k (reduced from 37k last year)
I do not work

He keeps car worth 1k

We each keep our own debts from marriage mine 4k not including overdrafts his 2k
He is claiming 10k marital debts but all opened well after a year after seperation so I''m into counting those to be marital

This is on a Clean Break basis

Ages 28 and 27
no pensions

Anything else I can add to this?

If this is refused can anyone suggest something else I could offer
Thanks :-)

Ps cannot but him out as I have been declined a mortgage.

  • MrsMathsisfun
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25 Feb 15 #456902 by MrsMathsisfun
Reply from MrsMathsisfun
Whats in it for him? Apart from no sm which would be unlikely long term anyway?

  • Nearly over
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25 Feb 15 #456903 by Nearly over
Reply from Nearly over
Clean break- as a clean break with children I believe is hard to achieve but I could be wrong
and I''ve had a higher proportion of the debts instead of 50/50 share
No final hearing costs for him
and the car
Means he''s free to continue and build his self employment without fear of me needing a cut should I fall on my backside with a nominal spousal order?
Seems fair in my train of thought and in my head lol

  • MrsMathsisfun
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25 Feb 15 #456905 by MrsMathsisfun
Reply from MrsMathsisfun
But it wouldnt be a clean break because he would potentially be tied to you financially for 10 years with no financial gain.

Also a nominal spousal maintenance wouldnt be increased just because he earns more, you would have to prove your circumstances had changed due to reasons beyond your control.

sorry but this offer is very one sided. If I was him I wouldnt agree.

  • Nearly over
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25 Feb 15 #456906 by Nearly over
Reply from Nearly over
What would you want if you where him?

I offered 50/50 before I took him to court and he refused that

  • MrsMathsisfun
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25 Feb 15 #456908 by MrsMathsisfun
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At this stage its not about what he wants but convincing his sol and potentially a judge.

By offering a small % of equity eg 10/20% for the inconvenience of staying on mortgage shows that you are attempting to be reasonable.

By expecting him to remain on mortgage with no financial gain. He has nothing to lose by going to court.

  • Nearly over
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25 Feb 15 #456909 by Nearly over
Reply from Nearly over
I plan too but not before I get the judges opinion at the FDR
Basically my plan is whatever the judges opinion is I''ll follow

My main fear is being lumbered with all the repair work 10k is a lot of money :dry:

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