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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.


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Final Hearing

  • REDCABOOSE
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22 Jun 12 #338342 by REDCABOOSE
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They relate to the gifting of money last year of £200,000each to both our sons,which he says that I agreed to, which I did not. As soon as the word divorce came up he started moving money!

  • maisymoos
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22 Jun 12 #338344 by maisymoos
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I think your barrister needs to be aware yes. You are saying these gifts were without your agreement, this is underhand. Had divorce proceedings commenced at this point and were you separated?

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22 Jun 12 #338345 by NoWhereToTurnl
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Tell me if I am missing something here but surely if you did not do the "gifting" legally, then he doesn''t have a leg to stand on. The £400,000 belongs in the marital pot.

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22 Jun 12 #338351 by maisymoos
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What do you mean by gifted legally?? You can give money to your children but if you died within 7 years there would be inheritance tax implications.

I think the issue is he has done this unilaterally with no agreement when the marriage had/was breaking down. This is underhand.

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22 Jun 12 #338352 by dukey
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These are large sums of money and unless it can be shown it was done with your consent the judge will see this as a move to defend your claim, its literally dissipating marital assets and that is how the judge will see it.

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22 Jun 12 #338360 by .Charles
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It sounds like everybody is talking at cross purposes here.

I take it that the husband is attempting to manufacture a sequence of events whereby the wife purported to make a promise of a gift of £200k to each son. The gifts have not been made but the husband is relying upon the manufactured sequence of events to move monies himself.

Is that about right?

The husband may be seeking to undermine the wife''s claim on the assets by saying that she will give these away in which case she should not have them in the first place. Almost like running a dissipation of assets argument before prior to the dissipation taking place.

If the wife still has the draft letter from the bin, she should discuss the issue with her lawyers and address this with the other side in correspondence.

Charles

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22 Jun 12 #338411 by maisymoos
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Hi Charles, I believe the money was gifted in June last year so it has already happened.

In retrospect he is now getting her sons to sign letters that say she agreed at that time. Mind you I don''t think their signatures actually strengthen his case. They are £200k richer and have the incentive to sign!!

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