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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.


Case law

  • confused 101
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23 Jun 12 #338572 by confused 101
Topic started by confused 101
Another question - sorry, they seem to be coming rather quickly at the moment.

As I have said before I''m self repping and i''m trying to get as clued up as i can. I think STBXH may be bringing a barister.

main issue is that there is no money left except the house which is mortgage free 3 beds standard semi.

Is there any case law when the other party has spent a huge sum leaving the only the marital home as the only asset?

Oh and he has not financially contributed to the kids in over a year as "he has no money".

I work and study and have sole care 24/7 of 2 children.

Ideally I want to be able to say you had over half the marital pot when you left, not my fault you spent it all, don''t now make me/kids homeless as our property is actually one of the cheepest in the area alread so i won''t be able to buy anything if I have to give over any of the value.

Any ideas?

  • MrsMathsisfun
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23 Jun 12 #338581 by MrsMathsisfun
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Can you prove that he had the money and spent it?

If your not over-housed and the only way the children can be homed is in the current FMH then I would have thought a court would suggest a mesher order.

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23 Jun 12 #338585 by confused 101
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I would think I could prove what he had and IF i ever get any disclosure I could show his wild spending.

would a mesher order be until my youngest is out of university? she is currently only 10 (!)

Is there any case law i oculd quote or should i not even try it?

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23 Jun 12 #338621 by MrsMathsisfun
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Yes I think a mesher order could exist until the child leave uni, but it would really depend upon whether there is no other way of rehousing you and the children.

If you can prove he has already received and spent his share of the assets, it might be that you are given the house anyway.

If you post more details someone could give a better picture of what might happen.

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