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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.


Advice re financial settlement and court

  • langley13
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27 Mar 12 #320336 by langley13
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Hi
I am lucky enough now to actually have my Nisi althoough my solicitor suggests not claiming absoulut until finances sorted. My question is that I want to take my ex to court to see what the courts decide as he is just putting me into debt with legal fees as he is self representing himself with the help of his solicitor brother, he is delaying and it is really all getting to me. My solicitor does not seem to want me to take it to court and in fact seems to be oblivious to this request from me, should i continue to try and do this voluntarily or should I do the cort route? I really will listen to good advice. We were married 4 yaers but 10 year with cohabitation, I proved financial input into the matrimonial home of £51,000 in 7 years even though I only worked part-time but when I was not working I kept house with very little help from him, I have no proof for the two years prior and I helped raise his children who lived with us, I was a good parner/wife he never put me on the mortgage or utilities, the equity in the house is £135,000 and pension CETV of £71,000, he is 51 I am 48 he earns £1777 per month I earn £947. My solicitor said that we should suggest a settlement to him but how do I know what is the best thing? He is an unkind selfish person who has taken 10 years my home from me. I am now staying temporarily at my Dads. Please let me know what you think is the best course of action for me. Thanks

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28 Mar 12 #320409 by cookie2
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You want to take it to court to reduce your solicitors fees? I think you''ve got that backwards! Going to court COSTS fees and lots of them!

Firstly, you should (if you haven''t already) register home rights on the FMH. It is in his sole name and you are not living there. You need to prevent him from selling it until the finances of your marriage are sorted.

If your solicitor does not want you to go to court then it is because he does not think it is worthwhile going to court. All litigation should be cost effective. What has your ex suggested as a settlement? What has your solicitor suggested?

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28 Mar 12 #320422 by langley13
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I have put my name on deeds but doesn''t that expire once were divorced? I have emailed solicitor today asking her to suggest an amount as she has not once suggested anything to me, the ex feels I should have nothing as I left last April afetr 18 months of a very unhappy marriage and problems with his eldest son who was 22. If my solicitor does ask me what I would like to put forward as an amount I really have no idea! Any tips? Thanks

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28 Mar 12 #320427 by cookie2
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langley13 wrote:

he never put me on the mortgage
...
I have put my name on deeds

You are on the deeds but not the mortgage? In that case you do not need to file for home rights, he cannot sell without your signature anyway.

home rights can be removed once Absolute is granted but he can''t take you off the deeds simply because he wishes to.

If my solicitor does ask me what I would like to put forward as an amount I really have no idea! Any tips? Thanks

I would ask your solicitor this. That is what you are paying him/her for, after all. In fact this is the first thing I would have asked when I walked in the office!

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28 Mar 12 #320431 by langley13
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In the beginning before getting financial statement I was not sure of what assetts we had to divide so now that is why I am asking advice from anyone who can help, I know that the solicitor will come to a decision but advice would really be helpful in case she delays so do have any idea of what would be fair to us both? Thanks for any advice you can give.

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28 Mar 12 #320439 by cookie2
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How old are the children? Do they live full time with him? Do you have any contact with them?

How much is the house worth, and how much is the outstanding mortgage? Did he own this prior to your marriage/cohabitation?

You say £71k pension, is that yours or his?

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28 Mar 12 #320450 by langley13
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Youngest boy 17 working full time and no they don''t want contact with me which is sad. House valued at £298 mortgage £147 yes he had house prior to marriage although he and his 1st wife had 50/50 share but we upted mortgage and bought her out £50,000 in 2007. Pension his as I have no pension. jc

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