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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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  • scottishlady
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16 Sep 07 #3473 by scottishlady
Reply from scottishlady
Thankyou all for your comments....
Neither of us have a pension....
I know that my x2b has a shorter 'working life' left than myself.... and I have no problem at all working to maximise my earning potential... as it is, I work two jobs now.
Nevertheless.... there is no way in this world that I could ever match my x2b's earning potential..
I DID have a very good job up until about 8 years ago... but unfortunately I was involved in a car accident that left me unable to work for a year... and now my 'concentration span' isn't perhaps what it once was... so I am working in two relatively low paid jobs but I am quite willing to work as many hours as I need to in order not to 'rely' on my x2b.
Kindest regards to all
Karen

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16 Sep 07 #3474 by LittleMrMike
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Dear Sera,

I would answer your question by saying that it would most certainly be worth your while to investigate the possibility of spousal maintenance. It is possible that your assets would have a bearing on it - you don't say what they are - and the fact that it is a short marriage would not help, but even so there is a clear possibility, I think, of an award in your favour, even for a limited period to help you adjust.

Mike

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17 Sep 07 #3479 by Sera
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Thanks Mike, I start mediation tomorrow, our case is not a 'needs' case to my knowledge.

My situation: My house is worth around £550k (yeah, I know - London!) And it's mortgage free, and my son is eighteen. (Left school, non resident).

I met my husband and moved into 'his' house two years ago.
(Also mortgage free at £820k) Yeah, big sums here! (He'd inherited!)
We only mnarried this January (07) !... then he woke up in July (just six months later) and announced he wanted a divorce. (Without reason).

He saw a sol, who wrote to me stating she was starting divorce proceedings and ancillary relief, even though I wanted to get my husband help (because I think he's having a breakdown), and she's being premature, because they can't legally apply until Jan 08.

Normally in short-term marriage, each is just re-instated from where they came.... BUT: (and here's my problem):

During my two years with my husband, I worked with him un-paid for the first 18 months. I also went into business to sell his land and house to property developers. I pushed the price to £1.5m earning him £600,000 in two years of clever negotiations.

And just as we were due to seal-the-deal, he called divorce! Citing that my name wasn't on his deeds!And I feel he's trying to embezzle me of the profits I'd earned.

So, I was going to overlook alimony, pensions (his), savings (his) and other investments, shares etc, and just make a claim for what I had done, backdated work, and a 50% split of the profit as a balancing settlement.

I've undertaken a lot of work here, totally refurbishing, running two other businesses with him etc.

Am I being reasonable in my claim against the profit? (around £300k)?

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