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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.


Some Guidance

  • soulruler
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11 Aug 12 #348875 by soulruler
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Sorry to hear that it is a one sided separation. Not knowing where she is and what her intentions are at this point must be very difficult.

It is early days yet. Sorry if my questions seem very clinical. You say there aren''t really many assets and she has taken half the furniture. What is the term left on the mortgage, what is the outstanding balance, an idea of the approximate equity in the house and what is the repayment method is it interest only or interest and capital?

  • r16
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11 Aug 12 #348887 by r16
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Interest and capital mortgage. about 22 years left with 50-60k equity. 140k left on the mortgage.

I have offered to buy her out at 26,500.

I have also said I will take on a 4K joint loan and keep my liabilites to myself (credit card). I have said I don''t want her pension (i don''t have one) and I don''t want any other assets she may have.

I think this is fair offer

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12 Aug 12 #348937 by cookie2
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Yes 50/50 split is fair, assuming she has her own income and can support herself.

Best plan is that, if the marriage is over, you should end it formally ASAP with a divorce. And it certainly sounds as though it is. Nobody ends a marriage out of the blue, there is always a reason and I would bet my bottom dollar that your wife has been planning or at least thinking about this for a while. Whether there is 3rd party involvement I do not know but the odds are quite high, otherwise she would probably have discussed her feelings with you rather than just leaving.

She does not need to agree to the terms of unreasonable behaviour. You do not need her permission or cooperation or even her signature to get a divorce using UB.

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12 Aug 12 #348961 by r16
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Guess you might be right, but like I say given her current frame of mind anything I put down as UB will put her back up so although I appreciate your comments I don''t think I''ll be rushing down that route soon - I don''t need the aggro!

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