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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.

Divorce entitlements after 5 years seperation

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paulo1963
Posted by
New Member

20 Mar 12 #319182 by paulo1963

Topic started by paulo1963

I left my wife 5 years ago and am now applying for divorce on the basis of being apart more than 5 years. We lived in a council house and I left with nothing.
Since leaving her I have moved on. Is she entitled to any of the posessions (i.e I have just bought a new car on finance)that I have gained after the day I left her?
We have 2 children both over the age of 21 who live with her.

Tets
Moderator

20 Mar 12 #319188 by Tets

Reply from Tets

The courts will consider your current financial circumstances not those at the time you separated. It would be better to come to agreement over finances with your ex and get your agreement sealed by the courts.

paulo1963
Posted by
New Member

20 Mar 12 #319189 by paulo1963

Reply from paulo1963

The only thing I have is a recently bought new car that I am paying for on finance over the next five years. Would she be entitled to any of this as I dont actually own the car outright yet?

.Charles
Platinum Member

20 Mar 12 #319202 by .Charles

Reply from .Charles

The court is unlikely to take into account post-separation assets, particularly those which you do not own. If you were to list the car as an asset you would also have to list the payments (if applicable) the balance payment to purchase the car outright.

In short, the car is not an asset that your wife can claim an interest in.

Charles.

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