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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.


Short Marriage - only married 1 year

  • CornwallGirl
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14 Oct 12 #360985 by CornwallGirl
Topic started by CornwallGirl
HI All,
I am new to this site. My husband assaulted me 6 weeks ago. I had to call the police and he was arrested. he got cautioned but did admit the offence. I can''t take him back. I suffered emotional and verbal abuse well before he struck me.
I am interested to know whether a court would consider the time I time I lived with him when applying for settlement.
I worked for my husband and he promptly sacked me straight the incident. Luckily I gained short term work with an agency. The house is in my name but his business is worth far more, and I cannot get him to respond to any kind of communication. He used stone walling tactics before and during the marriage and he is using them now. My question is. Can I make any kind of claim against his business which is worth around £700,000. I thought the law said that in short marriages, you have a Clean Break but after some stuff on uk sites, it says that the judge would take the time we lived together (4 years in total) int consideration.
Can anyone clarify this for me. Many Thanks for your time.:S

  • Elphie
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15 Oct 12 #361010 by Elphie
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They do take into consideration your cohabitant time (ie living together) as well as marriage, but if the total time your were living together is 4 years, and if it is a childless relationship, I believe that would still be considered a short marriage. So the rule of thumb is you come out of the marriage with what you went in with (which is slightly different to a clean break, which basically means he pays you no maintentence) this would be mean you keep the house, he keeps the business.
You could go down the court route to try and make a claim on his business, as four years is borderline, but Tbh, if he is stonewalling you and was abusive he''d fight any claim you tried to make. If I were you I wouldn''t waste the court and solisitor fees on a fight that might well end in his favour. Instead, push through with the divorce, try and get him to sign a consente order agreeing that you keep your house and he keeps his business, and get the man out of your life.

  • CornwallGirl
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17 Oct 12 #361501 by CornwallGirl
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HI,
Thank you very much for your time and reply. I went to see a solicitor today who has told me that I am entitled to public funding, so fortunately I will not have (hopefully) high solicitor costs to pay.
they have confirmed that the time I cohabitated with my husband before we were married will be taken into consideration. It will still be classed as a short marriage. My husband initially agreed to settle by paying a one off sum of £32,000 which includes a small pension of his.
However that was in May after he first threatened me.
My solicitor has taken this figure which she is going to write to him about, I have also agree to go to mediation...although to be honest I think my husband uses stonewalling as a method of not dealing with situations he cannot control or handle. I suspect that when the solicitors write to him..he will agree to the settlement we orginally agreed on. People who stonewall tend to be cowards...the avoid dealing with situations by ignoring them..
I do feel a little brighter about my situation..but you are certainly right..I need to get him out of my life for good.

Thanks once Again

Tricia

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17 Oct 12 #361525 by Elphie
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Glad you feel reassured having seen a solicitor. Be aware, legal aid is a loan - you will have to pay it back after you receive your settlement, whether it is by consent or through the courts. It does tend to be cheaper than going through private solicitors still as they don''t charge as much, but it isn''t free.

  • CornwallGirl
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18 Oct 12 #361690 by CornwallGirl
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Thanks for the update. I am hoping to get some kind of settlement.By no means guaranteed though. my husband is a sub-postmaster which is part of a londis shop. The turnover is a lot..almost a million pounds a year.
He pays me nothing. I am working for pertemps to try and pay the bills.
I was sacked as soon as he was arrested for assaulting me. Of course..its all my fault.
He doesn''t respond at all to any communication so I have given up there.
Lets hope he wants to settle out of court.
Can you believe that I got married in Dec of last year..didn''t expect or anticipate this but can''t be a punch bag to anyone.

thanks again for your response. very helpful

  • Serendipity100
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18 Oct 12 #361744 by Serendipity100
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Cornwall - just to advise you that you will have needed to have been married at least one year before commencing divorce. Hope that helps.

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