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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 please?

  • Emalou33
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20 Feb 08 #14500 by Emalou33
Topic started by Emalou33
Hi all, I am reposting this message as it seems to be difficult to find on the forum.

thanks for your patience

Emma

Hello,

I have run my bits and pieces through the Divorce Calculator, and one thing struck me, the house about 60K in equity in it, although we have redemptions of 10.5K, and the calculator says it would be split 60/40 in my favour, but my solicitor is advising me that I have a good chance of having the house awarded to me in full, as to buy something in the same area I would need this plus the maximum mortgage I can get to fund even a modest property.
H earns 55K plus 8.5K car allowance and I earn 31K, and currently gives me 500 per month towards care for imogen, his solicitor tells him he has no duty towards me, despite the fact that with the debt I have (mostly marital, some due to trying to stay afloat since he left last feb) I can not afford to buy a smaller property for Imogen and I to live in.

CAn anybody advise as the solicitor is expensive and I do not want to keeo fighting if I am not going to get anymore for all the grief.

H has previously offered 60/40 split plus 500 per month.

This leaves him with 2800 per month and me with 2600, but I have substantial debt (19K) and he has none, and I have the home, activities for my daughter etc to fund.

She was a very active 10 year old, horse riding/gym/netball/music lessons, I have had to stop all these as I just cannot afford it any longer, and for the last two weeks have not had money for food/petrol, I am getting into debt with family and cannot see a way forward

Any help gratefully received

Emalou

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22 Feb 08 #14692 by loobyloo
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emma
as far as finacially supporting kids the law isnt interested, its csa and you wont need sol for that.
My two where in private school had numerous extra curricular activities etc etc and their so called father could well afford them to continue all of this, but he choses to totally ignore them, I am so degraded having to battle with csa
I hear repeatedly that the former lifestyle in the marriage is taken into consideration.... well in all my court attendances this has never been considered, in fact hs lifestyle is better now.... but for how long!!
Its so unfair but all will out
as it stands im in lodgings with 2 kids, hes in 5 bed det house (i just couldnt stay and he refused to move)
he has a d i of at least5k month... I have 1k sm 2 kids and no cm
Icant go out no childcare
he has freedom to come and go
JUSTICE hey, maybe its all my fault and im being punished
peed off looby

  • Emalou33
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22 Feb 08 #14708 by Emalou33
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Hi Looby,

do you have a solicitor? I went to court on tuesday and the judge awarded all the divorce costs against my husband, and on the surface of it seemed sympathetic. Maybe it is the court that you have to go to, I wonder if there is a regional bias in attitudes and decisions. I am in Telford, Shropshire, and my solicitor is a family law and divorce specialist, she is reall good, always being featured in the local rag with bits and bobs.

Are you happy with the representation you have had, and what stage are you at with it all?

Keep Smiling,

Emalou
xx

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