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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.


Divorce petition

  • Hel
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21 Jun 12 #337985 by Hel
Topic started by Hel
Hi. Can someone help? Received a divorce petition from ex for 2 years separation and my unreasonable behaviour. The facts are that he committed adultery and behaved unreasonably and left. He''s saying if I don''t divorce for 2 years separation he will divorce me for UB and ask for half my pension. All UB reasons are lies.
I don''t object to the divorce but the grounds of UB and the fact he wants to Leave the financial boxes ticked. As the petition stands I won''t return. Can the solicitor issue an amended one? He says he won''t ask for pension but as I cannot trust him, how do I get him not to do it at some later date. We have no other assets. When he left he stopped paying the mortgage and the house was repossessed. I had to move into rented with 2 children ( who are now over 18). He has no money of his own, no pension as SE. His partner is wealthy!
Help. Do I cross petition? Have told him and his solicitor of concerns but they just want it returned saying these issues will be sorted at the next stage ... Also the petition does not have the children on ... Surely a new/amended one as to be sent ...
All answers greatly accepted

  • hadenoughnow
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21 Jun 12 #337996 by hadenoughnow
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The divorce itself is separate from the financial settlement. Arrangements for the children should be made between you if possible. If he is not paying child maintenance voluntarily, the csa will help.
If you have been separated for two years and agree to divorce, there is no need for any other grounds. If the separation is shorter, UB can be used but you can disagree with the reasons while agreeing the marriage is over. Be careful that you are not asked for costs. You could agree to the divorce providing he oats the costs.

Finances are separate. Each party pays their own costs for these. How they are worked out depends on need as well as what is in the pot, incomes assets etc. To make sure he cannot claim in future, you need a consent or court order. Behaviour and who divorced who has no bearing on the finances.

Do you know the CETV of your pension?

Hadenoughnow

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21 Jun 12 #338011 by cookie2
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Is this a Petition from the court, or is it a draft from his solicitor asking for your approval/consent to 2 years separation?

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