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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.

 

FDR in the morning ex instructed a barrister!!!

  • Fiona
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17 Mar 15 #458189 by Fiona
Reply from Fiona
I agree this is down to presentation. How did you get on?

The importance of having children together shouldn''t be underestimated. It''s highly improbable the court will order a sale if that means the parent with the majority of care for children has to rent whilst the other parent can afford an interest in property. Having a new partner is unlikely to change that because the courts tend to ensure the main carer of children can house children if the new relationship breaks down. I''m not saying it''s the case here, but even substantive spouse maintenance can still be a factor when a new partner has no income or is on a low income.

If your husband and his new partner have a mortgage raising capacity of £195k they should still have the capacity to raise £135k after the £60k outstanding mortgage on the former matrimonial home is deducted.

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17 Mar 15 #458191 by Unctuous
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It seems inequitable to discount the new partner on one side but include them on the other.

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17 Mar 15 #458192 by MrsMathsisfun
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Have to agree with unctuous. Either ''partners'' on both sides are relevent or neither are.

  • Fiona
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17 Mar 15 #458193 by Fiona
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It depends on the individual financial circumstances and how much a new partner can realistically contribute to their households'' expenses. The priority with divorce settlements is the welfare of dependent children of the family divorcing and keeping a roof over their heads during their dependency.

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