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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.


whats a fair settlement

  • soobee
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16 Sep 12 #356148 by soobee
Topic started by soobee
hi have posted on here before but want to get an up todate idea on fair settlement
married 28yrs
kids all adults
earnings mine 12k
his 77k
morg 82k
house worth 275k
pension me none
him 110k
savings me none
him 110k (MOSTLY HIDDEN)
ideally i would like the house can get mort of 60k
any ideas on split of assest
thank you .....

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16 Sep 12 #356184 by soobee
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bump

  • tomo2
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16 Sep 12 #356185 by tomo2
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Hi soobee, im in similar position - but on the other side ,as it were. is the pension value the transfer value? It seems to depend on how much was earned during the marriage? will you be seeking spousal maintenence?
Tomo2

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16 Sep 12 #356187 by soobee
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its final salary pension....not sure bout sm as would like a Clean Break......but solicitor going for it ...

  • BallsOfSteel
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18 Sep 12 #356621 by BallsOfSteel
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Hi Sobbee,

Looking at the length of your marriage I would say this will be considered a maintenance case, unless, you and your ex husband can agree between you for a Clean Break settlement.

From what I have learned going through my own divorce this would mean a move towards equality and with a level of maintenance that will be decided according to your needs. It is no way a 50%-50% split of the incomes as many of the maintenance calculators will lead you to believe.

The pensions will be equalised, however, what it surprises me is the pension value of your stbx as it given he earns 77k.

Regarding the savings, those will be divided accordingly (or whatever will be left of them following legal fees) and only if they can be proved (you mention he has them mostly hidden) that he has them.

Goodluck with the settlement,
BOS

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18 Sep 12 #356630 by soobee
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hi ballsofsteel thanks for your reply,,,makes me feel bit better about things ....yes i prove all the money his hidden as its shown on bank statements even detailing the account its been moved to....my prob is he dosnt want me to have anything.....and will fight me all the way :(

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18 Sep 12 #356632 by BallsOfSteel
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Hi Soobee,

Unfortunatelly for your stbx its not down to him to give you what he wants but what is considered fair. He can fight you all the way but odds are not in his favour, even if he is represented by the most prestigious solicitors that there are in UK.

What I suggest to you is to self represent yourself as a LIP, call the court and ask for advise and they will happily give it to you and go along with the divorce proceedings. If he wants to waste his monies fighting you all the way like he says, let him do, the reality is you are the lower earner and he needs to provide a home for you and financial support. Sooner or later there will be a Consent Order be it voluntarily agreed or decided by Court.

Meanwhile you can apply for interim maintenance if you struggle. Go to Court they will teach you step by step what to do. Piece of cake :P

Dont worry i will see you just fine

BOS

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