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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.


financial matters

  • alldone69
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28 Aug 12 #352266 by alldone69
Topic started by alldone69
Morning all, have finally got my absolute!! over the moon, but now dreading finance hearing in sept, cant sleep, cant eat, stress levels high!! need advice, have received papers for finance of now ex hubby !!! his outgoings are only £240 per month, he receives £11,000 per year in benefits, lives in sheltered acc and pays no rent or other bills!! his acct shows he only has £849 in his acct, but over the last 6 months he has withdrawn £6000.00. !!! i earn £19,500 per year pay mortg and all bills, pay childcare and everything else that goes with this!! he has never worked and suffers from mental health issues!and has stated he is unlikely to work ever!! he has been in and out of hospital!! he is after 50% of house(deeds and mortg in my name only) and after lump sum of £20,000 and spousal maintenance. i am worried sick about all this !! we were married for 10 years, sepearted for 2 years now and co habited for 1 year before we married, he turned up at my door 2 weeks after i bought my first house, any advise on anything thing would be really helpful!! Oh the children are aged 9 and 13 and live with me in the mh !!

  • survive
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28 Aug 12 #352294 by survive
Reply from survive
The main priority here will be the needs of the children. Do they have overnights with him at all?

The starting point would usually be 50/50 with lots of factors taken into account,

Ages of children and amount of overnights with each parent

length of the marriage

health of each party

earning potential of each party

value of assetts

sometimes contribution may be taken into account but this is not always from a monetary point of view




This is quite a difficult one, as if he has a medical condition that is clearly preventing him from working then that will be taken into account a lot. However so will the childrens housing needs.

Sorry, not that much help

Survive

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28 Aug 12 #352404 by alldone69
Reply from alldone69
Thankyou for your reply, we were married for 10 years, he does have overnight stay, but they stay with him at his parents house when he visits them, which is every 4 weeks, this was one of the conditions for contact, he has stated he would like to work in the future but this is something which is very doubtful, because of his mental state, the house is valued at £145,000 and the mortgage is £70,000. the lump sum he is after is £16,000 because this is an amount apparantly he could get with out it affecting his benefits.children are 13 and 9.

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