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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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Petition and address

  • HelplessD
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14 Sep 12 #355872 by HelplessD
Topic started by HelplessD
I have been separated from ex wife for a year following a long time in a loveless marriage which resulted in me have an affair. We did go to counselling but after another 2 years with no i left.

I have since formed a new relationship and asked my wife to divorce, either her petitioning or myself. She instructed solicitors and is going for adultery. I gave my flat as my address. This was last month. Now I have this week moved out of my flat and solicitors have written to say they need proper address. I am staying with girlfriend but do not want to give her address. Likely I will register for council tax at my friends until we can sort this out. Please note that I am not avoiding my financial obligations. I have agreed to go to finance mediation with wife and will be happy to give her full equity in house.

Me 46
Wife 58
Daughter 21 at uni in rented flat. We both pay half
House 420k with a 180k mortgage
Wife earns 60k
I earn 90k

Up till now I have paid half mortgage plus half of all her bills and half of
our daughters costs. I would now like to stop paying for her utility bills etc as I am being sought costs and her solicitors costs too.

Any thoughts please

  • Marshy_
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14 Sep 12 #355890 by Marshy_
Reply from Marshy_
Hi. Have you thought about using your works address as a postal address for all your divorce related mail? You shouldnt need to supply yr GF''s address. She is nothing to do with this. However, your ex may claim that part of your housing needs are being met and therefore, you would liable to pay more SM if that is relevent.

I would consider carefully you stopping paying any bills etc. What this may trigger is a interim maintenance order from the other camp. Of course, she should pay her own bills as you are not living there. But you need to consider the consequences of such an action as what you pay now may be increased by any interim order for living expenses. What may be prudent, is that you wait for finances to be resolved via what ever means. That way, there is no shock and it can all be managed properly. C.

  • HelplessD
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14 Sep 12 #355896 by HelplessD
Reply from HelplessD
Thank you Marshy
Her solicitors are asking for place of residence address. That''s my problem.
At the moment I have been paying out over £1250.00 a month towards her bills. We have no children living at home. I wanted to do this without going down the solicitors route but after hearing I will be paying her solicitor then I am stopping the bills. I will pay half the mortgage still.
I was looking at avoiding spouse maintenance as prepared to give her all equity in the house. Do you ink I will still have to?

Many thanks

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