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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.


HELP !! 2nd Final court date adjourned

  • poddygirl
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20 Jun 12 #337866 by poddygirl
Topic started by poddygirl
I will give a brief history :-
Im filing for divorce on grounds of unreasonable behaviour as couldn''t prove adultery.
I moved out of marital home last August - ex is still living there.
At FDR in March - judge indicated it was a clear 50/50 split and urged us to agree this out of court via our solicitors to save costs.
The final date in court was 30 May but got adjourned to the 4 July as there was not a judge available.
On the 1st June Ex submits an offer of a 35/65 split on house and 20% of pension, all in his favour, due to the fact he had a redundancy package which we used to pay our mortgage off some 5/6 years ago.
This is now new evidence he never included in any form E or other paperwork submitted to the court previously.
My solicitor is saying we need to adjourn the date of the 4 July as she needs to prepare my case e.g. I sold my house when we met (he had nothing when he came to me) and used all the proceeds to set up our first home together. I gave up a very good job to move up North to support his career as he was the higher earner.

I believe when we do eventually go to court that he will be representing himself along with his violin - he is a very manipulative and controlling man normally.

MY QUESTION IS - WHAT ARE MY CHANCES OF STILL GETTING 50/50 SPLIT ON THE ASSETS ?


Thanks anyone for any advice

  • bereft!
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20 Jun 12 #337897 by bereft!
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hello - I think factors such as length of marriage, ages and if you still have dependent children come in to it, oh and of course your own income and if you have your own pension etc.. all the section 25 (MCA 1973) things are taken into consideration so that new new life is as near to a comparable standard as your married life was. Hope this helps a bit.

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20 Jun 12 #337900 by bereft!
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PS, forgot to mention that I think he would be legally obliged to make you an open offer, though I thought this happeend before form E''s. You are much further along than I, but if DJ indicated a 50/50 split, this surely must be in your favour. Can''t help you anymore: new to all this! But only trying to help! Good luck!

  • MrsMathsisfun
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20 Jun 12 #337902 by MrsMathsisfun
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Hi. As Bereft said wiki poster would need more details to be able to say if you have a good chance of getting a 50/50 split.

If you post the following details,

Age of both parties

Length of Marriage

Number of dependent children

Assets/liabilities

Pensions

Someone might be able to help with your questions

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