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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.

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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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Form E , Capital needs and Clean Break

  • Vail
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  • Platinum Member
  • Platinum Member
16 Jan 08 #10804 by Vail
Reply from Vail
Non mol,

The purpose of a Clean Break is to put both parties into the position that neither has to go back and bother the courts, who don't give a stuff about heartache and emotion but pieces of paper.

In your case it is unlikley that your unemployed wife can support herself and your child and even more unlikely that you can give her the capital she needs to help her such that she doesn't have to rely on the State.

In all probability the court will take the view that you, and NOT the State, will have to fund your wife and child and so you are very much looking at maintenance.

  • alchemist
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  • Premium Member
  • Premium Member
04 Dec 08 #70465 by alchemist
Reply from alchemist
Bit confused as to why you suddenly need to buy a 2 bed place on your own. If owning a property was an option surely than your partner and baby would be in an owned/ mortgaged home.

Surely not knowing all the details of your case it would be more appropriate to state resonable rental rates for a 2 bedroom place so you have a suitable home for contact with your child? This outgoing would be taken into account.

Also while your child is so young you should support your partner to stay and look after your child as it is the best option for the development of your child. To show that you have taken all this into account you really should state a 1 bed place as while your child is so young and won't be spending a lot of nights with you, they can share your space. When you are a bit more settled financially you could upgrade to a 2 bed depending on the needs of your child. By then your partner should be in a position to return to work as your child will be in nursery or school. Show that you are mature and have really put the needs of your child first.B)

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