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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.


Starting seperation officially

  • Kazzabell80
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24 Aug 12 #351718 by Kazzabell80
Topic started by Kazzabell80
I was hoping that some of my fellow wikis would help me (as so much of you already have).

Today has been the day where it has been made clear that seperation is the only way that OH wants as he has someone else on the scene and obviously wants to move on as soon as he can.

I have seen others'' posts and they have put down some basic info, so here goes;

Me: 32
Him: 37
2 children: 12 and 11
Married: 12 years
Cohabited for a further 2 (together for a total of 17 years)
2 x dogs
My earnings: £26.5k (incl tax credits)
His earnings: £25.7k
House value approx £235k; equity £45k
No savings
Credit cards (me): £12k
Credit cards (OH): £6.5k
My car: paid for (loan from my parents) approx value £10k
His car: £10k loan

I have paid into my pension for 8 years and he has paid into his for 4 years.

Not sure if it makes any difference but I was also diagnosed with muscular dystrophy last October.

He has said that he will sign over the house and wants no equity from it as it is for the children''s security. I can afford the mortgage on my own.

My parents have said that they will pay off my credit cards (as I would need to get rid of them in order to be able to afford the mortgage.

Any thoughts would be very welcome.

  • cookie2
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24 Aug 12 #351721 by cookie2
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Sounds like an open and shut case to me. You should accept his offer that he signs over the house to you. You each keep your own debts and cars, he pays CM but probably can''t afford SM.

It would make sense to get it all signed and sealed in a Consent Order as part of a divorce before receiving any gifts from your parents.

  • Shoegirl
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24 Aug 12 #351722 by Shoegirl
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Well done for taking control. First step, knowledge is power.

You have found a wonderful supportive community that will be here for you throughout your journey. Wiser wikis than me will respond on your circumstances I just wanted to say well done for taking that first step.

You obviously have supportive parents and there is shed loads of support for you here too.

Take care

  • Kazzabell80
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24 Aug 12 #351733 by Kazzabell80
Reply from Kazzabell80
Thanks Cookie2 - I did consider the Consent Order route before accepting the gift from my parents.

Thanks for your advice.

Shoegirl - yes I have to control my life from here on, me and my children are what counts.
x

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