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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.


My wife recently left

  • happyagain
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18 Apr 12 #324775 by happyagain
Reply from happyagain
She has as much right as you do to anything in the house, they are joint assets. But that also means you have as much right to stop her taking everything. Certainly an attempt to clean you out would be viewed dimly in court, particularly if it affects your son.
I would write her a letter stating that you are happy to divide some assets ( and then list which ones) and she should indicate which half of the listed assets she will take. You will then have these prepared for her to collect. However you do not agree to the removal of anything which will affect your sons comfort, nor should she want to adversely affect him. You also do not wish her to enter the property unless you are present and are feeling harasses by her demands - that usually stops things as legal bods don''t like their clients to be accused of ''harassment''.
It might also be worth having a chat with your local police station, they are used to dealing with these issues and may assist.
Finally, let her have her ring. She sounds a delight you should be glad to see the back of!!

  • rugby333
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18 Apr 12 #324788 by rugby333
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You need to understand that when it comes to possessions in the house, the court does not care: its just a hassle in every sense. To that end, possession really is the law.

Accordingly I would remove anything you particularly want to keep from the house immediately (this may also include the car) and then do as happyagain says excluding the police bit.

Probably keep the ring for the time being as it has value and you can use it for bargaining purposes.

Also definitely mention the harassment word in your correspondence to her: lawyers do get extraordinarily sensitive about their clients being accused of harassment.

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