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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.


Pre Marriage Assets

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24 Nov 20 #514871 by Stymied
Topic started by Stymied
I went to Court yesterday for the first hearing ref finances. It was a zoom type meeting and my ex just smirked all the way through.

I was told half the house, half the savings (Yay!) and him and his solicitor tried to end it there. But i said no and dug in my heels. I have been told it can go to a final hearing in a months time.

My problem is, that although we have been married 18 years, before I married, I owned a flat for 11 years. After marrying, I sold the flat and satisfied his mortgage on his house. (I paid £32K - 87% of the purchase price)

We lived mortgage free for a while and then bough a house and used the rental from the 1st house to pay the second house mortgage.

we then sold both houses and bought the current one, i his name. I have registered home rights.

My arguement is that the £32K was mine before the marriage. We have both benefitted from it, but now I would like it back before we split the profits if we sell the current home.

there is a court case which Lord Justice Wilson said that where assets were non matrimonial, the source of the assets MAY diminish over time. (MAY, not Will) its : K v L (2011) EWHC CIV 550

Has anyone ever managed to get back the amount of money introduced to a marriage? I can argue my own case but need an opinion from someone as to whether its likely I will get my money.....

Am a bit lost, how do I find info on this?

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25 Nov 20 #514873 by WYSPECIAL
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Maybe a google search will throw something up?

As you say there is no definitive answer but would have thought you would be highly unlikely to succeed after an 18 year marriage.

What is your argument for why it shouldn't be included?

You also need to decide how much time, money and mental energy you are prepared to spend arguing about £16k

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25 Nov 20 #514874 by Stymied
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His Solicitor described the 18 years as a short marriage, but denied this ( I do have the email though). If in his opinion it's a short marriage, then I am definitely entitled to the money back that I had at the start.

I am 63, health not so great, our house was to provide our pension, so with no pension, no job and no maintenence I have to collect every last ££.

He is able to go back to work after the covid (Entertainment industry) his new partner is 42 and has the ability to take out a mortgage for 25 years. ( He is 61)

The case I mentioned gave the original money back to the wife after a 21 year marriage. There are no children, I gave up my full time job and focussed on house improvements and working part time.

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25 Nov 20 #514875 by Stymied
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The other issue is that there is an overdraft attached to the mortgage. He has exclusive use and its' standing at £17K. as recently as last month, he added £1500 to the overdraft to pay his solicitor. We have been split up for 15 months.
I don't see how I can be liable for his overdraft.

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