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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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clean break/mesher order

  • anonjed
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10 Aug 12 #348593 by anonjed
Topic started by anonjed
Hi

I am divorced and have a mesher order with ex wife. I am getting married soon and ex has suggested we come to an agreement re spouse maintenance and my % of house.

House is currently worth approx £900,000.00
We have a mortgage of £140,000 - ex solely responsible for this
I have 25% of that which realises in 2019
I pay ex spouse maintenance for life of £400 a month plus 25% of annual bonus (no guarantees). No cohabitation clause in Consent Order only if she remarries.

How do we come up with a figure? I think ex would just like to say no to spouse maintenance and bonus and I sign house over to her.
I think she should pay me.

any advice appreciated. thank you

  • dukey
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10 Aug 12 #348597 by dukey
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Given the amount of money you are talking about you really should be speaking to a solicitor with strong knowledge and experience, only after a great deal of detail is taken can numbers be talked about, yes it will cost a few quid but its money well spent.

If your not sure where to turn call the wiki phone line and they can recommend a solicitor to you.

  • happyagain
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10 Aug 12 #348618 by happyagain
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Your ex (and you) would have to live for an awful long time for the £5k+ a year that she gets to outweighs the potential £175k share of your equity. I would definitely follow dukey''s advice and speak to a solicitor.

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10 Aug 12 #348625 by anonjed
Reply from anonjed
Thank you both for your replies. I will call the help desk.

Happy again, I do agree there, however she also gets a % of my annual bonus. In past years has been payments to her of 25k, sometimes 30k.

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10 Aug 12 #348627 by dukey
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Its actually more complicated than it first seems, solicitors use tables to work out capitalisation given sex age ect and then calculations can be used to work out the offsetting required, on this basic detail no one could advise, even if they did what you really need is a solicitor to look at the actual order and then start work on solutions.

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