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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.


wife being difficult over divorce settlement,help!

  • bikemad650
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27 Sep 12 #358229 by bikemad650
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Hi all,here''s the situation, house value 175-185k, based on say 175k,equity in house at least 135k, i''ve offered her a Clean Break for 43k, shes offered 40k. 2 kids 15 and 10.i earn 2500 pcm her 2350 pcm, both good pensions. joint car loan (her car) with 5 k left to pay.no massive savings, i had an inheritence of 15 k, about 7k of that was spent on house just before i left. the remaining i have spent on refurnishing as i left property with nothing. her car value around 5k more than mine.she got estate agents to value property and valuation was 175-180. she said i should re consider value to 170k even tho her lowest valuation was 175K!!! now we are supposed to get a chartered surveyor to do a proper valuation but she wants her sol to sort it but her sol is a friend of hers and im worried she could influence the valuation if it is someone she knows, ive suggested my sol do it as she has no conection with either of us but she refused,my question is am i being realistic with 43k? my sol suggested a counter offer of 50k but im sick of sol costs and letters costing us both. also im still paying half mortgage and 500 maint on top, 800 all together pcm.its crippling me and im getting in debt. do i have to keep paying half mortgage if she is dragging it out being alkward. can i stop and knock it off the settlement or is this a bad move. Is the 50k my sol suggested unrealistic??, im paying slightly over what CSA would make me pay by £12. the extra it will cost her on her mortgage to give me what i want compared to what she has offered is £18 pcm.i feel she is dragging this out to keep receiving the 300 extra a mth, is there any way i can stop her doing this legally? please any advice is welcome,

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27 Sep 12 #358230 by WYSPECIAL
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No you don''t have to pay half the mortgage if you''re not living there but discuss it with her first.

You''re offering her £43k out of £135k so you want the other £92k? I can see why she isn''t going with that. Why do you expect to get so much more than her?

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27 Sep 12 #358234 by bikemad650
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sorry you have the wrong end of the stick. im sugesting she keeps the 92k and give me 43 for a Clean Break

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27 Sep 12 #358243 by WYSPECIAL
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you''d think she wouldsnatch your hand off.

Thing is your suggestion would give her a mortgage of about £83k. At present she is only paying half of a £40k mortgage! Every month, assuming it''s repayment, the amount of equity will go up as the debt goes down. Not much incentive for her to rush along is there?

Stop paying mortgage for her.

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27 Sep 12 #358249 by Action
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Just a thought, but it seems that difference in what you each want is £3000. An amount which could be spent very quickly on solicitor''s bills if you continue to fight over it. Also, there''s the continued mortgage contributions you''re already making which will soon amount to £3000.

I believe that it is common to be advised that the partner ''buying the other out'' pays a percentage less than the market value because of the investment risk and probably the savings in estate agent fees. What about accepting the £40,000 on the condition that she pays the legal fees associated with the transfer of ownership?

A civilised way of agreeing on a company to value the property is for one of you to choose 3 possible people and the other to choose which one to appoint.

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27 Sep 12 #358265 by happyagain
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Is £2350 your ex''s earned income, or is this her income once maintenance, child benefit and tax credits has been included?
If this is income only then I think you are getting a raw deal. She can add upto another £1k pcm on her income and her career doesn''t seem to have been held back by being the main carer, which is the usual reason that the PWC might get a larger share of the equity.
I also second the op - don''t carry on paying half the mortgage!! You are giving her no incentive to reach a settlement by doing that.

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27 Sep 12 #358269 by bikemad650
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Yes that is correct, Her take home monthly pay is £2350 and i give her 800 for maint and mortgage. plus child benefit etc. i left 9 mths ago, decre Nisi done and dusted but financial side is dragging.if i turn her down she kicks off calling me selfish,and greedy.

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