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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.


fair settlement

  • soobee
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02 Jun 12 #334620 by soobee
Topic started by soobee
hi would like your views on what you think is a fair settlement
married 27yrs
children all adults
equity in ffh 200k
savings 70k
earnings him 60k plus
me 12k
pension him 110k
me..none
would be grateful for all views

  • hawaythelads
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02 Jun 12 #334627 by hawaythelads
Reply from hawaythelads
50/50 split.
he pays you £8k a year spousal maintenance.
All the best
Pete

  • Lostboy67
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02 Jun 12 #334638 by Lostboy67
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Hi
Well the rule of thumb in a long marriage is to start at a 50:50 split but this is the starting point and the final settlement may be different.
Depending on you ages you might be able to argue for a larger share of his pension as he may have time (and salary) to build up the pension fund, which you do not.
You may be able to argue for a larger share of the equity in exchange for a clean-break.

For a moment set aside talk of % etc. Try to work out what you need in terms of property and your on going life. Can you live on your income alone ? Once you know what you need you can see what % that comes out to, rather than working the other way round.

LB

  • dukey
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02 Jun 12 #334644 by dukey
Reply from dukey
How old are you both

Do you still live together

Are you both in good health

Is his pension final salary or money purchase

  • soobee
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02 Jun 12 #334659 by soobee
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hi ..im 47 hes 50 ..hes in good health i suffer with M.E and coeliacs
i can only get 50k morg but on my earnings by the time ive paid that and house hold bills i will be 400 amonth short and thats without having the nice things ie clothes etc...yes final salary pension....

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02 Jun 12 #334661 by soobee
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btw no we dont live together havnt for over two years...he dosent want me to touch his pension or pay any spousal maintenance

  • dukey
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02 Jun 12 #334662 by dukey
Reply from dukey
So you are going to need enough money to buy a house mortgage free, or very close to mortgage free.

He has a far higher mortgage potential than you so the chances are your going to get a big chunk of the cash assets to buy a house that meets your needs.

As HRH says large difference in income a long marriage and your poor health it could be a joint lives order, how much will depend on your income needs (reasonable though).

The pension is reasonable, and much better as final salary, you have to decide would you rather have more cash now or some of the pension later, personally i often think mortgage free is the best way to go and use the pension to offset that, its for you to think about.

Do your sums and homework,

What will it cost to buy a property where you live.

Are you claiming all the benefits you can if you are do you still need some help, when you work this out don`t just think what do i need each month, holidays birthdays Christmas factor them all in, plus other once a year stuff, car tax annual subscriptions.

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