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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.


Narative statement

  • Hel123
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20 May 20 #512496 by Hel123
Topic started by Hel123
Hi,
I'm at the final hearing stage and I have to write a narrative statement but unsure what to do, I have been given a template from my solicitor however I could use some advice on a starting point.
Thanks Helen

  • rubytuesday
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21 May 20 #512508 by rubytuesday
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A narrative statement is also a Section 25 statement (just to confuse you!)

Section 25 is set out in the Matrimonial Causes Act 1973. When a court orders statements dealing with Section 25 criteria it seeks that each party set out their case ­base­d on various factors that the court has determined to be important. These would include age, earning ability, pension entitlement, life expectancy, care of children etc.

The criteria is:

The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future (including any benefits under a pension scheme which a party to the marriage has or is likely to have), including in the case of earning capacity, any increase in that capacity which it would in the opinion of the Court be reasonable to expect a party to the marriage to take steps to acquire;

The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

The standard of living enjoyed by the family before the breakdown of the marriage;
The age of each party to the marriage and the duration of the marriage;

Any physical or mental disability of either of the parties to the marriage;

The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family including any contribution by looking after the home or caring for the family;

The conduct of each of the parties if that conduct is such that it would in the opinion of the Court be inequitable to disregard it;

In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
There is an example statement in our library - S25 Statement Example

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