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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.


Scared and need help pls

  • amefbi
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22 Jul 12 #344693 by amefbi
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Im worried about my future and how to survive.As respondent 58yr, not working since 2005,serious illhealth and only on DLA £288pm since 2011, rental of abroad property £270pm but not regularly as I have to maintain the house,Inheritance from my mothers excluding clause in her will from marrital property.Husband 61yr earns £45,000 pyear.Our living expenses are low and no debt.His Petition on my UB that will be untrue.. he is verbally mentally abusive to me since 2006, not a pennie from his income, go months without deodarant, porridge and water to eat.I can walk 50meters with walking stick, constant pain,permanent nerve damage and strong meds, cannot do housework as I use to, at times 5 weeks in bed,fights to get money for my prescriptions ans..tells met to go and work if I need money..I cannot work. Im not living Im only existing.Im housebound and stay in my room. In 2006 to present he goes on holidays 3-4 times per year alone. I become suspicious about his money spending, what a shock when I found out he was spending our Pension money.Could not believe that he received 2 lump sums in 2005 and payments of £12,000 per year for 6yrs now.He ''''invested'''' £80,000 in total but its over 1million in other currency, received high profits few times.It might be more as I only have a few statements and not all.When I confronted him with the evidence his attitude was that its his money and he can do as he wishes.He would not understand that he has ruined our future,do not touch pension money while you are still working,and receiving a income. Im worried about my future as I cannot work anymore and he is living the high life. He then proceded divorce procedings in 2008 so I will not be able to get my hand on ''''his'''' money..this did not go on as I believe his solicitor told him your wife is correct she is intitled to half your pension. Well this is where everything went all wrong in our marriage and its 4yrs later 2012 and petition again. He now accepts half the pension but believes he will keep our House (joint names) as he can afford it and I cant, mortgage owe about £100,000 might sell for 120-130.I have stayed as I have money to support myself, cannot claim benifits..will I be able to receive free legal aid and a solocitor. He will not declare the money from his investments from pension, no trace in his account now but I have proof of who and when he paid this to other person..can I claim this house on ground of his fraudalent transaction of our pension money that he will say he has nothing left. amounts are about the same as the outstanding mortgage..I can arrange to only pay the interest on property..this house is my security blanket and I have changed many things to suit my needs as dissabled..if not how and where am I going to stay and pay..sorry this might sound confusing but this is how I am at this moment..He believes that I have to sell my inheritance house and he will get half of that as well but its not the case. He has app for mediation on Friday..will I be informed to go as well to same person. I dont want to mention the pension money proof I have as he then again wont go on with divorce..but this time I will apply for divorce then..sorry this might sound strange as English is my second language and I dont always understand all the terms. We immigrate to UK in 2003 from SA where I had a business and was the high earner and paid for all while he had very low earnings..but badluck struck me in 2006..we have been married 40yrs,

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23 Jul 12 #344930 by amefbi
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The above sounds just as crazy as Im was feeling. Meeting with CAB today and I can get Legal Help. Waiting for call from a Solicitor for appontment. Was thinking that if my husband keeps his pension that he has been sly and sneaky and received his lumpsum that he now says its all gone.(I have evidence its about £90,000) His current pension is £3600 per YEAR that I will receive if 50/50.Spoke to him tonight that I might agree that he can keep his pension and I will keep the house and for the first time he has smiled and seems satisfied.I told him we owe about £100,000 and the house will sell for about £120,000, that will the give us £10,000 each if 50/50. I can then arrange for interest only mortgage to afford to stay here. If I can get spousal maintanance as well that I believe I might be..even £50-100 per week will be more that the pension..he earns £1000 per week..will I be doing the right thing and is this possible to do.

  • hadenoughnow
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24 Jul 12 #345000 by hadenoughnow
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You cannot agree anything until you know the exact financial position. Both of you will have to disclose your finances and the marital pot will be divided according to needs. Your disability will also be a factor.

How long have you been married?

Hadenoughnow

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24 Jul 12 #345011 by amefbi
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Married 40yrs,I know more of his finances than he does,kept all records,he''s always been irreponsible with money and he was sly with the lumpsum pension payout, bank in other country and he spend that, I traced too late, damaged done there in 2006...but if we agree that he keep his pension and I keep the house,each have a car and furniture.. its financial agreement ???..his fund in other country and makes things difficultand different laws but not much worth as he messed up..he did agree to this last night...then only need bankstatements 2yrs then to decide???Both work till 2006 when I became dissabled. How does my dissability affect the process? Maintanance?

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