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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.

Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.

What sort of settlement to expect?

  • Sherezaad
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07 Feb 08 #13227 by Sherezaad
Topic started by Sherezaad
Hi there,

My ex and I are discussing settlement. He wants nearly 45% and wont take less than 40% out of court. I am terrified to go to court due to high costs etc and as a part time worker and mum to two, dont know how I would repay this cost. However, I have just done the Divorce Calculator and it came out as 70% for me and 30% for him.

I want someone to tell me whether I would be better off to bite the bullet and go to court or still try to settle on the 40%.

Im so confused and just dont know which way to turn. I just want the best outcome for me and my kids as they live with me full time.

Thanks for any advice given.

  • attilladahun
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07 Feb 08 #13232 by attilladahun
Reply from attilladahun
Need details
H age
H income
W age
W inc
Benefits claimed amt & by whom
C ? Ages
FMH Value
FMH Mtge
Other Capital

Pensions of
H & W
Either party a new partner etc?

  • jony
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08 Feb 08 #13236 by jony
Reply from jony
I'm no expert but if you give more finacial details, as last post, there are some very experienced people on this site who I'm sure will advise further.
From the little I know, if you have children and are primary carer for them, their needs take priority and a split biased in your+ childrens favour may be a strong possibility.
Also many solicitors do a free or cheap half hour initial consultation. You can phone around and get 3 or 4 appointments and opinions at little or no cost( but make sure you get consultations with a family specialist / expert not just anyone thats available). If you go prepared with your finacial info'n summarised, then ask them all for best and worst case scenario. They will also give you estimates of legal costs, legal aid status etc.
From there you will be able to work out the best way forward, or discuss further with this forum .

  • Sherezaad
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08 Feb 08 #13268 by Sherezaad
Reply from Sherezaad
Hi, thanks for your posting. My details as follows:

Him: 44 years old, self employed (taking cash so untraceable) books showing income around £12,000pa

Me: 43 years old, employed part time on £11,245 pa. I claim CHD, WTC and CTC to the value of around £6,000 per annum.

Kids are 11 and 14

FMH: £375,000 - no mortgage

Other assets. £46,000 in bank, £27,000 endowment, £1,328.00 shares and £70,000 in Bulgarian property - have agreed he takes all of this

Pensions equal and he is living with a new partner with no other children involved.

many thanks for your time

  • dukey
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08 Feb 08 #13275 by dukey
Reply from dukey
Hi quick qu how many days nights does he have the kids per week also does he want agreament via d81 form and then Consent Order dukey

  • Josh2008
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08 Feb 08 #13276 by Josh2008
Reply from Josh2008
When you state 'agreed he takes all of this' and you mean all of the 'other assets' and he wants min 40% of the FMH then you are short changing yourself by a considerable amount.

I presume that you have been married at least 10 years and if that is the case then the starting point for a financial split of 'all' assets is 50/50 no matter who bought them or in whose name they are, or even if they were gifted/inherited during marriage.

The assets you have declared amount to some £519,328.00 and @ 50/50 you would each receive £259,664.00, and this figure is likely to be the lowest you would be awarded.

If H wants all the other assets and 40% of FMH then you are short changed by a minimum of some £34,664.00, a sizeable sum and worthy of pursuing through the courts

You must speak to a specialist solicitor armed with this information as for every 10% difference in settling the FMH will cost you £37,500.00

  • Sherezaad
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08 Feb 08 #13286 by Sherezaad
Reply from Sherezaad
To make situation clear:

H wants all the shares, endowment, bulgarian property, savings + £45,000 mortgage from me and 10% mesher on FMH which is currently valued at £375,000.

I have agreed to him having all except we havent agreed on what he gets from house. I have said £45,000 from me and 5% mesher on house but would actually prefer no mesher on house if im honest.

Surely with what he is suggesting that is well over 40%. Oh, and the kids live with me full time.


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