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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.


Marital property / birthday presents

  • maisymoos
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08 Aug 12 #348161 by maisymoos
Topic started by maisymoos
This a completely crazy question but my ex is claiming that certain items of household furniture are personal possessions not marital because I or someone else gave them to him for his birthday. These are items that were used and enjoyed by the whole family. My ex is already in in possession of his share of marital furniture/ chattels and is now trying for more based on the gift argument. He has two furnished properties both large, I have one with the children. He also has said he wants my bed I have spent the last two years in it alone I really can''t believe he and OW are sleeping on the floor!!:S

What is regarded as marital property? I would have thought it was any items that were used and enjoyed by the family during the marriage?

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08 Aug 12 #348163 by cookie2
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It really doesn''t matter. Chattels are only regarded as second-hand value. It is not worth him going to court over such small amount of value, even if he were to win, his fees would be greater than his gains.

So I would suggest, as I am so fond of saying, that you tell him to take a long walk off a short pier :)

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08 Aug 12 #348200 by maisymoos
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Thanks Cookie yes the judge did say at the Directions hearing that he would have to apply to court under the Married Womens Property Act 1882 if he had an issue over contents of my home. I don''t think he was listening and prefers to send me threatening emails that he will just take what he wants. The trouble is although I shouldn''t let it get to me its still giving me sleepless nights. I do not dare go away this summer for fear of contents disappearing. Looking forward to moving house soon with my own lock and key. :)

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08 Aug 12 #348205 by cookie2
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Haha 1882, sounds like the judge was basically telling him to Foxtrot Oscar!!! But it went right over his head...

Why haven''t you changed the locks already?

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08 Aug 12 #348207 by maisymoos
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The house is in his name only, its just sold I didnt think I could change locks? I get the equity thats left to rehouse. Just found a house so hope all goes through quickly.

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08 Aug 12 #348209 by cookie2
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If he''s been moved out for a reasonable time then you have your privacy rights and can change the locks. But if it''s sold then might not be worth it now...

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08 Aug 12 #348214 by vivi36
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I don''t understand why his girlfriend would want the bed you shared with him. Do you have any way of asking her if she really wants the bed your kids were conceived in?

yeeeessshhhhhh!

Good luck with your move. To have your own bricks n mortar will be lovely xxxx

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