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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.

Result of Divorce

  • dmac
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  • New Member
12 Jul 21 #517260 by dmac
Reply from dmac
My daughter has just had a final hearing.
she had interests in two unavailable properties and he had 100000 more pension. she had 7000.
marriage 6 years, 2y 6m since separation. living together 7 years prior.
two children 2.5y now 5 and 0.5y now 3.
35 years old each.
she has 23000 after tax income
he has 65000 after tax.income
he has 57000 short term debt
she has 25000 legal fees debt
she has put 125000 into a house and 165000 mortgage, before marriage he put in no capital and paid half mortgage 400 pounds then 900 after split but didnt pay after 6m.
both on mortgage, the 125000 covered by deed with rest shared' on split
judge decided husband had 64000 interest in house now.
but due to not supporting wife after MPS suite for 21 months, the costs and payments were deducted from his interest. and various sums owed
so he was due 15000
however as his debts were excessive and his needs relevant he was awarded 34000 to only reduce the debts by order from wife.
effectively from family as she didnt have money.
he was then ordered to pay 900 spousal on top of CMS
she had 49000 post marriage after tax and he 38000.
this left him a very small margin to live after debt and rental costs. the judge stated he had lied and hidden support from a partner who he could rely on and had been wrong not to pay CMS order of 10800 a year.
the wife was ordered to pay the 34000 in three months or sell the house
she would get the proceeds, and he was ordered to pay CMS 13600 and spousal 10800 a year. 24400 the top 45% of his income when the marginal tax is applied
the limit the judge could make,
the order lasts to 7 years and can be extended to 15 on application before 3. y old youngest in secondary education.
no other call on each other.
points 1. don't ignore MPS don't lie and be reasonable early on
agree things as early as possible.
make an open offer of what the judge suggests at FDR, we didnt and lost subsequent large cost award though he could not have paid.
it however might have made him agree something! the judge never sees the FDR judgement.

Don't get married to a person who has nothing but debt who is a narcisist.

  • Chevette
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13 Aug 21 #517454 by Chevette
Reply from Chevette
Hi All,
just to say I have written a new post titled, 'Support new bill for fairer financial settlements' in the financial section of the forum. I hope to raise awareness & support for the bill going through the House of Lords to reform the law on financial settlements.
please take a look & lend your support if you wish to....I would like to get it on social media too. If anyone knows a suitable social media group for this, then please post it on there.

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