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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.

consent orders

  • jonesst3
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24 Jun 12 #338837 by jonesst3
Topic started by jonesst3
Hi can anyone help. my partner is going through a divorce. He has agreed to transfer the property into her name and pay off half the mortgage. She also wants a £5k lump sum (for no reason)which he cant afford. i suggested he transfer the property and pay half the mortgage but tell her if she wants the £5k to chase him for it (presumambly take him to court) i suggested this because i cant see why he should pay £5k as she earns 3 times his salary. His kids are over 18 and at uni and i think she has more to lose as she will be made redundant in 3 months so he could be entitled to her redundancy??. He has had the decree nici so my question is can he give her the property and pay off the mortgage and then go through the Absolute without a Consent Order?

  • Action
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24 Jun 12 #338839 by Action
Reply from Action
He would be very foolish to get divorced without a financial settlement properly in place. It''s difficult to comment on what a fair split would be as things like age, health, pensions, earning potential, housing needs all need to be taken into account. Maybe the £5000 she is asking for is in lieu of pension sharing?

The redundancy issue could be a double-edged sword if his wife loses her employment income in the next few months.

  • cookie2
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25 Jun 12 #338878 by cookie2
Reply from cookie2
Yep agree with Action, he should not give er anything without a consent order. Since the kids are no longer dependent this should be a Clean Break. Why is he giving her the entire house and paying half the mortgage if she earns 3 times his salary?

  • jonesst3
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25 Jun 12 #339132 by jonesst3
Reply from jonesst3
thanks for the help. basically he inherited a house so hes paying half the mortgage and give her the FMH.Their pensions are similar and although she earns 3 times as much she will be made redundant in a few months.everytime they reach an agreement she increases the lump sum shes asking for. Some of it to pay off her credit card but she wont disclose the statement.Over the years he overpaid the mortgage and thinking he was shortening the term she was withdrawing it to pay of her credit card (£15k) what a nightmare this is. i thought my divorce was stressful. its even worse when you cant take any action yourself and have to sit by

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