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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.


Post question today for quick reply!

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22 Mar 07 #5 by wikivorce team
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Welcome to the Discuss Anything forum,

In order to kick off some activity in these new forums the wikivorce team are happy to reply to all questions posted in this Discuss Anything forum within 24 hours (weekend posts will be answered on Monday).

Please remember however that our advice comes from our own experience of Divorce in England and Wales. We are not legally trained and you should get legal advice before making any decisions.

kind regards

the wikivorce team<br /><br />Post edited by: admin, at: 2007/04/16 09:41

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02 May 07 #152 by Lynton
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I have been seperated for three and a half years embroiled in a financial dispute with my ex wife which is ongoing, I dismissed my solicitors 8 months ago as they were making no progress, I have subsequently secured residency of the two youngest children of the marriage and my eldest also lives with me (my ex is an acoholic) and I secured Decree Absolute 6 months ago. My ex's new solicitors (she is on her second set and has accumalated legal fee debts of in excess of £35k) keep raising the same questions time and again and as I am now trying to move on with my life and rebuild me fianacial stability (my ex occupies the former matrimonial home which has no mortgage) I have to keep declaring each new assett I aquire.

My question is when is the cut off in respect of assetts/wealth accumalated after the parties split/Decree Absolute being taken into account by the courts as far as financial setalment is concerned?

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03 May 07 #153 by wikivorce team
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The best answer i can give on this is that the main cut off point is the date of the financial settlement (which in an acrimonious dispute could for example be the date of the final hearing).

So in your case I would say that all assets/debts/earnings are still up for grabs.

And unless you achieve a Clean Break in the settlement then in fact all assets / earnings remain up for grabs - i.e. if you do very well financially in the few years after a settlement was agreed then she could come back for more - by applying for a variation to the agreement.

If you cannot achieve a full Clean Break (to prevent the above) at least try to insist on a 'clean break on capital'. This means that while she could reapply in future for increased maintenance based on your increased earnings, she could not apply for any further assets.

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04 May 07 #159 by Lynton
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This seems incredibaly unfair - does it cut both ways e.g. if her parents died could I make a play for any inheritance she secures?

Also as the children live with me and she provides no financial support - and very little emotional support - should this wiegh in my favour?

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05 May 07 #166 by wikivorce team
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Inheritance is treated slightly differently and especially inheritance received after the settlememt would be hard to make a claim on (but it would significantly reduce her needs and therefore you could apply to reduce SM on that basis).

The children living with you makes a big difference. They are the priority so their needs - and hence your household needs come first.

As carer for the three kids you will have a strong claim for a fair share of the assets including the former matrimonial home.

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