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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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can she take half?

  • Joe Smoe
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23 Jan 08 #11598 by Joe Smoe
Topic started by Joe Smoe
Hi all, I'm knew and was just wondering if anyone could help? I am in the process of getting a divorce. The wife had an affair after 18 months of marriage. I have owned our house for 10years prior to our marriage and she only contributed 5months rent. The house is in my name.She earns 60K and I earn 35k. I have agreed to pay her £5000 as she kept the money from the sale of her house 5k and she has about 6k savings. We are looking at a quick online divorce. No Kids. She said she needs to take advice. I'm worried she could ask for half the equity. Does anyone know what would happen in this situation?

Thanks

Joe

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23 Jan 08 #11600 by Josh2008
Reply from Josh2008
You don't actually say how long married, this is generally the essence of who gets what in terms of a split of assets and especially when there are no children involved.

If the marriage is a short one say less than 5 years then you can both expect to come out of it what you went in with, the shorter the better in your case.

Just because the house or any other assets for that matter are in your name, doesn't necessarily mean you 'own' them, not in divorce law terms anyway.

It is not as 'clear cut' as that, perhaps you could try the calculator on this site to give you a better idea.

If the s2bx is seeking advice, you should also seek independent advice and not just accept what the other side says, solicitors will only act in the best interests of their client.

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23 Jan 08 #11608 by Specialdad
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Try mediation with your wife to come to some financial arrangement.

Get a Consent Order based on the agreement.

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23 Jan 08 #11630 by sexysadie
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Assuming that an affair after 18 months married means that you've not been married much longer than that, you should each take out what you put in.

sadie

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24 Jan 08 #11696 by Joe Smoe
Reply from Joe Smoe
Thanks for that...Yes we were only married 18months. She moved out straight after the affair. So far it seems amicable and she apears to be accepting the payment. But I know if she seeks advice, they will tell her to take me to the cleaners. Her family and friends will all tell her to go for the money I'm sure. I think I will need to seek advice just to be sure. Thanks again

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24 Jan 08 #11737 by Josh2008
Reply from Josh2008
After only 18 months married the outcome is more than likely to be, what you came with you go with.

Best though to get it sorted legally, laws change and sometimes as in a recent case, they can be retrospective

Even the interpretation of a law can be seen differently and new case law is then established

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