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Read our latest Financial Settlements guide (2021)

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.

Really need help to find a way forward

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DB
Posted by
New Member

24 Aug 24 #523820 by DB

Topic started by DB

A very brief overview of my situation -

I've Been with my wife for 20 years, married for 11, and have 2 young boys.

I found out at the end of Feb that my wife has been cheating, and she has continued ever since with more than one person.l even after I found out.

We still live in the same house, and are both on the mortgage.

first quick questions :
She has a large sum of my money in her account and has refused to send any of it back to me since March. Is there anything I can do?

We share a car, but it's in her name. It's on PCP, and is in negative equity as she has crashed it and damaged it a few times. If she sells it, am I legally obliged to have to cover any of the costs?

hadenoughnow
Moderator

24 Aug 24 #523821 by hadenoughnow

Reply from hadenoughnow

Are you in or about to start the divorce process?
The problem you have is that all assets in a marriage are seen as shared - so although it is 'your' money in her account, it is in fact joint funds.
You can start the divorce and financial proceedings and could potentially seek a freezing order on the account.
In terms of the car, if the agreement is in her name, any shortfall will be her debt. This will be a factor in any financial proceedings.
Please be aware that divorce these days is no fault. Financial settlement is based on needs first. Conduct is almost never a consideration unless it is of a financial nature.

Hadenoughnow

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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