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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.

Will I get a clean break?

  • dukey
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24 Jun 12 #338769 by dukey
Reply from dukey
Well unfortunately divorce almost always leads to both being worse off, its just the way it is.

I would agree with your solicitor, even if you said ok you have the lot you still need a judge to sign it off, it wont happen, or would be very difficult to say the least.

Your wife is young and admits to earning £1600 per month, given her work you can double that hairdressers take mostly cash.
As far as SM is concerned its supposed to be a bridge to the single life not free money for life, if she was much older or had young kids, perhaps a disability you would be looking at long term SM maybe even for life, that is not the case here though.

If this goes to court, and if i were you i would court don`t tend to give much over 70% of assets to one person, your offering 90% as it is, pension wise the court will look at what pension share is needed to make it fair long term, so when your both retired, that said your both very young, as far as SM is concerned the judge will need to look at her stated income need and if there is a real shortfall or is it she just wants money.

If she can`t afford to pay the mortgage the house will be ordered sold, she will have a hefty deposit to work with, maybe around 70% of the equity.

What do you have to fear from court?, not much compared to what you have offered as it is, yes its true you could end up paying SM but i would think with what she earns it would be fairly short term, a few years maybe.

She can`t have her cake and eat it, most women on wiki would rip your arm off being offered 200k and 70% of your pension, i can`t see court giving her 90% of all liquid assets.

Listen to your solicitor who knows all the details.

  • revenge
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12 Jul 12 #342657 by revenge
Reply from revenge
I still live in MH, valued at 420k, small OF set mortgage on it. Husbands CETV valued at 300k (armed forces) I have no pension. Me 52 him 45, he earns a minimum of 10k a month net, I don''t work but will soon be seeking employment as have been told if it goes to court it doesn''t look good if I haven''t at least looked to improve my own income. I will only receive a minimum wage as I have no qualifications. Husband lives with other woman in a small house(hers) that was his choice to move out of a 4 bed rental. He has taken it upon himself to split all the money in the bank accounts 50/50 and has told me he will share the mortgage payments(100 a month) and I now have to pay all the utility bills and other expenditure out of my share of the pot, that means my share will keep going down while his keeps going up. He has not mentioned anything about SM and I know he has had legal advice. I should be able to buy a small house out of the settlement but I will not be able to get a mortgage. The ow is also working and husband keeps asking me to put MH on the market but I''m not quite ready emotionally to move yet. He left over a year ago and all the expenses have been going out the joint account up until him splitting it. Guess what I really want to know is will a court accept what my husband has done or will they award me sm.

  • maisymoos
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12 Jul 12 #342667 by maisymoos
Reply from maisymoos
Hi Revenge

I suggest you start a new post (just copy and paste your text). Adding on to someone elses post may cause confusion and your responses will be more limited.

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