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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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equity

  • Tracey68
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11 Nov 07 #6383 by Tracey68
Topic started by Tracey68
my husband says i'm only entitled to equity made on our present property, we have been together for 7 years married 6, have 5 year old daughter, and i have 2 children from previous relatonship, when we met my husband already had a property i moved in (with my children) a year after we met, then we married a few months later had a baby 9 months later. he never put me on the mortgage, rarely gave me any money , but paid for bills . we then moved 40 mins away as needed more space and he said we couldn't afford to stay in area we were in. still my names not on mortgage, we or sorry he made £100 grand on property which he put into our new home. he earns £100 grand a year with a big bonus once a year, our equity is about £180,000. am i being unreasonable to want half, i only work 16 hours aweek, and have to pay child care in holidays for little one as he won't pay for that, so how can i provide a home for us? i'm really worried . also if he moves out who is responsable for the bills? please help!

  • sexysadie
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11 Nov 07 #6386 by sexysadie
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I think you would be entitled to half of the total. You should also be getting 15% of his net income (including bonuses) in child support for your daughter and may also be able (through the court) to get support for your older children if your husband has been supporting them. Don't forget that if you work sixteen hours a week you can claim a lot of benefits such as working tax credit - go to Citizens Advice and get a benefit check. You might well be entitled to spouse support for a while, also, because of the discrepancy in your incomes.

The priority is to keep a roof over your children's heads, so you may be able to stay in your home until your youngest is eighteen or so, with your husband only getting his share of the equity at that point.

Sadie

  • Sera
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11 Nov 07 #6391 by Sera
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In your situation it doesn't much matter whos name is on Deeds or mortgage. You have a child together; and two further kids. A court would look at the 'needs' to housing; so if you're the Parent with Care; you'll probably have the right to remain in the home. His equity in the home will be decided; and unless you want to buy him out? then he probably won't get his equity out until youngest is 18.

You automatically have matrimonial home Rights to stay in his house. You can register your rights on-line (with the Land Registry) or through a solicitor. It's a fairly standard proceedure; and he will NOT be able to sell the house over your head.

He will have to pay child support (at least for your child together) plus I imagine Spousal Support; even if awarded until you are capable of a full time job.

Once you consider all aspects of the marital 'pot' (Pensions, Savings, Cars etc) it is usual that a larger slice of the property is awarded to the PWC. This is usually because it's easier to divide the bricks, than the Pension.

Often situations like yours go 70%-30% in your favour.

Sometimes the short-term marriage clause comes into things, but you have a child together, and it's over five years. (Not sure exact ruling on STM clause?)

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11 Nov 07 #6428 by Tracey68
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Thank you....am a little reassured.

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