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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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Can anyone help me?

  • phoenix1
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31 Jan 08 #12412 by phoenix1
Topic started by phoenix1
Can anyone tell me roughly what the split would be please? I have been married for just 3 years

My wife has had an affair for the last six months
She has a 16 year old son from a previous relationship who I have supported for 6 six years
My Salary is approx 60k including commission Hers is 25k
I brought the house before we where married and it is in my name only She put nothing financially into the house when she moved in
The mortgage comes out of a joint bank account
Hope that’s enough information for someone to help me? Thanks in advance,
Broken1

  • mike62
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31 Jan 08 #12414 by mike62
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broken1

Short marriage, so parties take out what they brought into marriage, less any increase in value since marriage, whixch is split 50:50

16yo, assuming she doesn't get child maintenance from previous partner for him, would be 15% of your nett income.

Anything acquired jointly during marriage is 50:50 (debt or asset)

Mike

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31 Jan 08 #12415 by gone1
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I agree. It all starts with 50 / 50. But that depends on what she does and thinks. Although not a dead short marriage its short(ish) so you may be OK. However be preparied for the old lump sum. I would argue that the house was your before you met and therefore she should only get back what she put in as mike said. Hopefully you will be OK. But it depends on lots of things. Best ones, Chris

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31 Jan 08 #12418 by phoenix1
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So please can someone confirm
If the house was mine before we married taht stays mine as she put nothing in
Any profit from the house is split 50/50 along with any other asset aquired during the marriage
Onto Debt she now has large creit card bills which she used for hotel rooms, new underwear, clothes ect during the affair, Surely I don't have to pay for them ?
And can I check I have to pay 15% maintanance for a step son?

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31 Jan 08 #12420 by mike62
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Ooooooh! Don't get me started about STBX's clothes :angry:

If the debts incurred during marriage on joint credit card = joint debt - Sorry :(

On the child bit, here is an extract Fiona posted yesterday...

Re:Am I daft and about to be stung.....gulp!

Under the Matrimonial Causes Act 1973 the courts have to consider the needs of "any children of the family" under 18, including step-children. The fact your step-son isn't a child of the marriage makes little difference, he still has to be housed, so the capital division is likely to in your wife's favour to accommodate him.

The courts also have powers to order maintenance for children of the family who are not children of the relationship, but the nature and extent of involvement with the child is a consideration so as in your case the natural father pays child maintenance you most probably won't have to.

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31 Jan 08 #12423 by phoenix1
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This is unbelievable, so are you telling me that my stbx buys sexy clothes and undies for some other bloke to get into and enjoy and also pays for the hotel rooms and now I have to pay half of it because it was on her credit card!!!! That is taking the XXXX !
And what about my step son? his natural father pay’s nothing and never has, (Thanks CSA another job well done!) and now because his mother jumped on someone else I have to pay maintenance for him so he can enjoy what he had before his mother removed her knickers
If this is correct is it WRONG VERY WRONG.

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31 Jan 08 #12443 by gone1
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Yep it is taking the piss but thats the way it is. Is the card in joint names? If so then yes U have to pay. If not no.

I had stepkids and I funded them for 12 years. There real father never paid. But I was expected to keep on paying. I was having none of it. But there is something called "Child of the home" This is what she tried to get me on.

Lots of things are wrong. It was wrong of her to go shagging around. Divorce now is to easy. Its all no blame and it seems that you can do what you like to someone else and there is no penalty. As you have found out. Best ones Chris.

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