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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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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.


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  • puddle
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20 Mar 08 #17296 by puddle
Topic started by puddle
I was wondering if some of you with more knowledge of divorce could hazard a guess on the outcome of the following...

My friends are divorcing. They have been married ten years. Have 3 children, all under 10yrs old. Hubby had owned his own property prior to the relationship and when they met, he was mortgage free. They married when the missus fell pregnant, very conveniently shortly after meeting. He always claimed she changed from the day of the wedding. I was among many friends who tried to persuade him not to marry this woman as we all knew he wasn't in love etc He asked for a divorce after 3 years...she announced she was pregnant again so he stayed. She agreed to counselling as she has always been very controlling and verbally abusive to both him and the kids. She went to one session. Whilst on a family holiday hubby stated he could not continue like this. Again she pleaded and promised to change. Once again she announced she was pregnant (this childs paternity is questioned by many but hubby views this as his child). Hubby then sought counselling, took anti depressants. He left the marital home but agred to go back for xmas. After xmas he left for good and instigated divorce proceedings. Now he has slept on mates floors sine whilst missus has stayed in marital home (he bought outright but got a mortgage to build extension, he built himself saving on labour costs). Missus has dragged her heels from the get go. Hubby paid all bills including her pension, life assurance, her petrol, her mobile bill and never says no to extra money for the kids when missus claims child support not enough. His solicitors estimates she has had £3K per month spending money whilst he has not had enough to live on. Finally they end up in court, delayed because missus fell out with her solicitor and had to find a new one and didn't have any paperwork sworn.
Missus is going for EVERYTHING. Endowments x2, his pension, spousal maintenance plus a £300K brand new house, a new car. The Judge has warned she is not being realistic and cautioned her for dragging things on.
Missus is quite arrogant, manipulative etc continuing to drag heels and has now announced rather triumphantly that she is being made redundant in May/June....she says she cant find new job beforehand as she will lose her redundancy....

Hubby, is almost suicidal and not optomistic. He would like custody of the kids as they are his world. He doesn't care about money etc but does feel he should not have to get a mortgage when he was mortgage free when they met and he cleared the mortgage they had on the marital home. The marital home is worth approx £350K. However missus is purposely running it into the ground to put off any would be buyers and reduce value further in the hope hubby gets less she gets more.

Anybody fancy looking into a crystal ball for him and guessing a likely outcome?

  • IKNOWNOW
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26 Mar 08 #17733 by IKNOWNOW
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Hi,

Not sure I would like to guess at a possible financial outcome but I would suggest if he wants to go for residency or at least shared residency he instigates that before agreeing a financial settlement as this would have an impact on how the finances were dealt with.

Would be more than willing to give some more information with regards people to talk to with regards contact & residency issues if that is the way your friend wants to go.

Divorce can be a lengthy process and I am sure he wants rid, but it is better to take time now and get it right for his and his children's sakes.

Regards, Sarah

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17 Apr 08 #19821 by puddle
Reply from puddle
Thank you 'Iknownow' :)

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