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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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Alcoholic wife, 22yrs marriage, 2kids, preparing for divorce - court evidence?

  • Time4Action
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26 Oct 21 #518000 by Time4Action
Reply from Time4Action
Thanks for the replies. I want to remain civil as possible with my wife and have no intention on being vindictive. What I don't understand is when it comes to settlement that the reasons for divorce are not considered. The children will want to remain with me and therefore surely she won't require a 3 bedroom house for visitation? If we are forced to sell the family home due to her requirement to have a 3 bed home then we as a family unit continue to be punished by her alcoholism. Surely her issues should be taken into account when it comes to splitting up the assets?

  • hadenoughnow
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27 Oct 21 #518006 by hadenoughnow
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It is needs that are considered. If the children stay with you and see her only occasionally, you can argue that your housing need is greater.

In an ideal world you should each have a place big enough to accommodate the children. If there isn't enough for that (taking into account your respective mortgage capacities) then whoever has the majority of care for the children will be prioritised. That doesn't mean all the funds are theirs forever. An order can be made that the property is sold when the children is older. She would get her share then if it has not already been paid.

Hadenoughnow

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