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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.


Hey folks, I think you''d better read this !

  • LittleMrMike
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11 Sep 12 #355151 by LittleMrMike
Topic started by LittleMrMike
www.telegraph.co.uk/relationships/divorc...divorce-payouts.html

tells of a Law Commission re0port on form of the law relating to Ancillary Relief.

LMM

  • somuch2know2
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11 Sep 12 #355156 by somuch2know2
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Wow... looked good until I read the example of the fictional couple, and the duration of which he may have to pay- although is that suggesting that the house gets split 50/50? Sounds like it could be worse than the current system.

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11 Sep 12 #355160 by somuch2know2
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Just did the calculation myself- although as I have 3 kids not sure what ''more complex'' formula would be used- but based on this assuming figures are based after tax- I would have to pay my ex up to 16K a year for potentially 17 years- Im sorry, but there is nothing just in this, nor is it fair.

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11 Sep 12 #355184 by Elphie
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Ok, the fictional couple .... Surely he pays £1200 a year, not £12000 a year? It says multiply the diffence in their incomes by 1.5 or 2% ..... So that would be 60000 x 0.02 not 0.2, right?

Or has my maths ability gone to pot since having kids and leaving the work place?

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11 Sep 12 #355186 by somuch2know2
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I think you are right! When I tried to replicate that is what I got, but then thought my math was off and did it by.2 (which is actually 20%)...

Good spot- in which case my ougoing would be more like 8- which would be far more ''fair'' esepcially if the house was split 50/50

  • dukey
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11 Sep 12 #355192 by dukey
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The only part of it i would agree with is the so called post office lottery, the fact is where you live can effect a judgement, and yes ive listened to the discretion argument and the fact that if you live in London chances are you own more and earn more than say Hartlipool, there still needs to be more continuity.

Its worth taking note that this proposed system is in no way binding in Canada, the judge can choose to ignore it, i note no statistics are offered, none.

Mathematical equations will never replace the human brain when considering settlements, how could they, each matter is unique to that family, its one of the reasons this sites Divorce Calculator is often pants, there are just way too many variables to consider and just one can throw the calculation into the land of rubbish.

Its yet another lets try and save money idea pending the demise of legal aid and the hope of reducing court cost, i have no doubt they will spend millions coming up with crackers ideas which all will be binned, jobs for the boys.

  • WhiteRose
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11 Sep 12 #355196 by WhiteRose
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Is the problem ''the system'' or is it the divorcing couple where one or both hate the other so much they are unable to agree out of court?

Any formulaic system will be unfair for someone.

Many are unhappy with Judgements and orders.

I think the attitude needs to change and folk need to stop viewing AR as a punishment to the other person.

Greed, bitterness, anger, betrayal and revenge can be some of the emotions that fuel some people to go to Court. The mediation option is just a tick in the box - at the moment if someone won''t mediate you can''t force them.

Mind you if you did force them you still face trying to get someone to be reasonable, rational and to negotiate - tricky!

Hey-Ho as long as there are folk such as this around, there will be litigation and someone will view the outcome unfair.

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