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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.


finances when married less than year

  • LimboLandLady
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04 Oct 12 #359266 by LimboLandLady
Topic started by LimboLandLady
My partner and I were together for 20 years before getting married. We jointly owned a house which has a tenants in common clause. No other assets were shared and finances were completely separate apart from a household account used to administer joint obligations.

We married 29 Feb 2008 to give him parental rights before my eldest daughter was born on the 28 March 2008. After which our relationship declined.

I moved into a separate part of our house on 9 March 2009, and have continued to live separately apart from communal areas and shared childcare. My second daughter was born 1 July 2009.

I applied for a divorce on the 13th February 2012.

My husband''s solicitor wrote recently to confirm Special Procedure papers have been lodged with the court and that my husband "wishes to deal with the financial aspects of the marriage"

They "propose that, initially, financial disclosure takes place in Schedule Form and that disclosure takes place by post on the 5th October".

I contacted them by phone to clarify what they wanted, and the clerk instructed me to provide details of all my assets, income and expenditure by letter. However, I think this must be an oversight.

A solicitor I spoke to last year advised that as we were only married for 12 months, that only the house would be taken into inconsideration. I supported myself and my children since we were married, the only contribution he has made is £120 per month towards household bills.

I was going to write to his solicitor to state this. Before I do, would anyone like to comment on where I stand financially?

very much appreciated

  • maisymoos
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04 Oct 12 #359268 by maisymoos
Reply from maisymoos
Hi

You say your partner and you were together for 20 years before getting married. Were you cohabitating? If the transition from cohabition to marriage is seemless the years of cohabitation will count towards the length of the marriage.

This in theory would put your marriage in the long term catagory and both your assets will be regarded as matrimonial assets. The processes in relation to financial disclosure etc would be the same as any other married couple.

  • dukey
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04 Oct 12 #359269 by dukey
Reply from dukey
Maybe you misunderstood the solicitor, the court count the seamless cohabitation to marriage so in your case its a long time, meaning everything will be considered as a joint asset.

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