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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.


How gets what

  • thevon
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22 Apr 12 #325672 by thevon
Topic started by thevon
Can any help me, i have been seperated for 2yrs, and am not sure who get what if i file for divorce.
I have a 16 yr old daughter, who lives with her mother full time, as she is her main carer, My wife is disabled and unable to work, the house has been modified for her needs.
I have been aying the morgage since i left, i am not sure about how would get the house in the event of a divorce.
Any info would be helpful, as i might be able to move on with my life.

:S:S

  • hadenoughnow
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22 Apr 12 #325684 by hadenoughnow
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Thevon,
Welcome to Wiki. You will need to tell us a bit more about your situation in order for Wikipeeps to advise you. Presumably your stbx gets benefits? Do you know her income? What is your income?
We also need to know ages, length of marriage, value of FMH, outstanding mortgage, value of other assets - savings etc, pensions and any liabilities.
How big is the FMH? How extensive are the adaptations? Are there alternative accommodation options?

Also - and this is a difficult one - is your stbx''s disability likely to be life limiting? If so, to what extent?

Hadenoughnow

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23 Apr 12 #325847 by thevon
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STBx gets dla higher rate, plus incopasity ben, i get 35-40k a per,
Married 25 yr, daughter 1ys old,
assest house 180k
outstanding mor 130k
stbx has 12k of dept companies have registerd intrest in propety as her assett
House has ramp fitted, she lives down stairs
as of dissablty, will never work again, she pays bills ie food ect,

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23 Apr 12 #325867 by cookie2
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I find it extremely unlikely that you will get anything from the house. You will most likely be paying child and spousal maintenance, a joint lives order is very likely here.

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27 Apr 12 #326911 by thevon
Reply from thevon
thanks for your advice, what a joint lives order, and my daughter is 16 not 1

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28 Apr 12 #326939 by hadenoughnow
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Joint lives means an order for you to pay spousal maintenance until one of you dies. This may be a case for a Martin order where she has the house until she dies and it then reverts to you.

Hadenoughnow

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