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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.


House contents

  • aviary
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12 Apr 12 #323370 by aviary
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When a value has been set on the house I understand that normally there will be a 50/50 settlement on this .But what I am not sure of is the situation regarding house contents.
Can my wife turn round and say I want X amount for the contents of the house or can I say to her take what you like up to the value of the figure that has been agreed rather than pay out cash as long as she leaves all the fittings.
Many thanks

  • sexysadie
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12 Apr 12 #323380 by sexysadie
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Usually people agree on what the person leaving gets to take. If there are children staying in the house, though, anything they need generally stays for them. Usually these things aren''t worth fighting over, though many people do.

Some people make a complete inventory of the entire contents of the house and then work out between them who wants what.

Best wishes,
Sadie

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13 Apr 12 #323445 by cookie2
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aviary wrote:

When a value has been set on the house I understand that normally there will be a 50/50 settlement on this

"Normally"? No. A 50/50 split is often quoted as being the starting point if there are no other factors involved, but there ARE other factors in almost every case. Disparity in earning. Length of marriage. Children. Pension. Mortgage capacity. Other assets/debts. All of these factors change the 50/50 division.

Can my wife turn round and say I want X amount for the contents of the house or can I say to her take what you like up to the value of the figure that has been agreed rather than pay out cash as long as she leaves all the fittings.

You can agree on whatever arrangement you like. But legally she will get nowhere. House contents are only "worth" their second-hand value and it is not worth the cost of taking you to court for this. So you could simply say no you can''t have any contents they are all mine now. But coming to an amicable agreement is preferable, of course!

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