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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 am I entitled to

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08 Oct 12 #359918 by jay HB
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Marriage of 23 years, 3 children, all 18+, two in full time education which I pay full expenses. I am divorcing her on the basis of adultery which is undefended. She has been living with him since June-12 but claims on form E that she is still living with me. Exchanged Form E, 10days ago and offered 50:50, but refused to have any discussion out of court. Our assets are matrimonial home (100% owned by me) and 2 rental properties which are my pension fund under joint name, she has been collecting rent and don’t share. Other valuables/jewellery/savings/car etc are put out of my reach while I worked overseas for a few months. Works P/T, I work F/T, FDA coming up shortly and due to lack of funds have to self rep. I am 62, she is 44, don’t really know what I am entitled to and will be left with, bearing in mind that redundancy is looming over my head and ….Any guidance would be most appreciated.
Jay

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08 Oct 12 #359929 by WYSPECIAL
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Who offered 50/50 and what does that equate to?

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09 Oct 12 #359960 by dukey
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Firstly none of the assets are soley yours they are all joint marital assets, make it easy to get some answers and answer this, you have answered some but make it easy to read, and give numbers, income value of property ect.


Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities

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09 Oct 12 #359963 by jay HB
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I spoke to a local solicitor who advised me that due to the length of our marriage, it should be based on 50:50 which was subsequently communicated with the other party. Assets are basically matrimonial home (mortgaged) which is used for me and children and the other 2 rented (one mortgaged and one mortgage free). Other assets are probably circa £80k, but difficult to nail down due to the fact that she has been planning this for some time, lots of documents removed or destroyed in my absence and I have very little hard evidence in hand.

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09 Oct 12 #359966 by jay HB
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Your respective ages; I am 62 , she is 44

The number of children you have and their ages; 3 children, 18, 20 and 23

How many nights the children spend with each parent; all 3 live with me

The length of your marriage and any period of pre marriage cohabitation; 23 years and 1 year before that

Your respective incomes; I work full time (circa £66k), she works part time (circa £10K)

Your respective outgoings; (combined mine and children excluding university fees - £5.5 k per month, average however, she claims she needs £3k per month)

Your assets – overall (both soley held and joint) £1.1M (excluding chattels, jewellery and car)

Your liabilities: in a form of loan and mortgage £600k

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09 Oct 12 #359969 by dukey
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Its not easy to advise with so little information, but 50-50 on the face of it sounds odd unless its a fairly high value case.

The difference in age is important here.

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