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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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financial order

  • fedup70
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19 May 12 #331618 by fedup70
Topic started by fedup70
Friend of mine has received letter from sol, a financial order to be completed. what sort of things will they need to know? friends stbx has mental problems friends stbx has been housed in private rent, all her rent and everything paid for through benefits, she now gets legal aid to cover divorce and finances, will stbx have to repay legal aid once all sorted, frind has 2 kids living with him , has done for the past 3 years and lives in mfh, friends stbx has never worked, name not on deeds or mortgage, she was institionalise as soon as kids were born, she been in and out of mental hospital for the last 9 years, she still on medication, Friend worried incase courts order sale of house, he would not be able to funs for somewhere else to live. Any advice however small would be appreciated. Thankyou

  • LittleMrMike
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20 May 12 #331715 by LittleMrMike
Reply from LittleMrMike
She sounds a bit like my ex.
Your friend will have to provide details of income and expenditure on a form E. So will she ; but if she''s on benefits then it''s likely to be a short form.
Could she have to repay legal aid ? Possibly, but it depends what she recovers, and that in turn depends on whether your friend has assets which she could make a claim against.
As to the house ; well, she is already housed and your friend is the parent with care in respect of the two children, or I assume she is.
It is essential that the children have a home and if this objective can be achieved only by allowing them ( and therefore your friend ) to live in the house until majority there is a very good chance the Court would do this. Which could mean that the realisation of her share might be postponed for quite a long time.
Without more information I can only talk generally.

LMM

  • NoWhereToTurnl
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20 May 12 #331718 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi,
Your friend can download and look at form E

hmctsformfinder.justice.gov.uk/HMCTS/Get...?court_forms_id=1125

Hope that helps.

  • fedup70
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20 May 12 #331845 by fedup70
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Thankyou, the only assests are the house which the deeds and mortgage is in his name only, his children are aged 9 and 13. he has been looking after them for the past 2 years and even before then his family looked after them when he was at work, his stbx has been in and out of a mental hospital since the youngest was born. she has never been able to work because of her condition. Hopefully the courts wont make him sell the house, he would not be able to afford anywhere else. its frustating for him and and breaks my heart to see him go through what he is going through, we have been friends for a long time. x

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20 May 12 #331871 by LittleMrMike
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I think, frankly, there is little chance that your friend would have to sell the house while the children are dependent - unless he has other assets. As I said, the paramount consideration should be a home for the children.

I do not think the wife will lose all her interest in the family home, but I think there is a high probability that she would not be able to realise what interest she has for a long time.

LMM

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20 May 12 #331897 by fedup70
Reply from fedup70
Thankyou so much has put his mind at ease, he will probably have to increase mortgage to raise funds to pay solicitors though, apparantly first hearing wont be till sept, this has been going on for 2 years then, x

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