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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.


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Ex refuses to negotiate beyond 50/50 asset split despite earning twice as much

  • musicteacher
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28 May 20 #512627 by musicteacher
Topic started by musicteacher
We are about to embark on a divorce (I have sent back the draft). I left him. My ex refuses to negotiate beyond 50/50. I earn 27k and he 54k. I can't afford to take him to court to fight for more than 50%. We share our two DS (12 and 14) equally. Do I then have to agree to 50/50 if I can't afford a solicitor?

  • Buster007
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28 May 20 #512629 by Buster007
Reply from Buster007
I've looked at your other posts and I'm not sure if you are the respondent, I think you are but divorce was your idea?

As a respondent it's much easier to self rep, imho, sit back do the paper work and see what you're offered by his solicitor. At that point you can start to ask questions do your research ask questions on here and put your case together, what ever the outcome of the finance it will have to be passed by the judge and he wont get a divorce until your housing, money and pension needs is completed.

If I was you only negotiate with his solicitor unless you're in mediation.

  • Rickoshea
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29 May 20 #512630 by Rickoshea
Reply from Rickoshea
We don’t have enough information. 50/50is the starting point. Circumstances and the marriage and the future requirements decide who needs what.

Earning double as a single item isn’t a valid reason to depart from 50/50 without any information as to why the split should

  • hadenoughnow
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30 May 20 #512652 by hadenoughnow
Reply from hadenoughnow
Going to court need not cost a fortune if you self represent. We offer all sorts of services to help people navigate the process without a solicitor.

Bear in mind that even if you agree on 50:50 and put it into a Consent Order, it may not be approved if the judge doesn't think it is fair. He will probably have a much greater mortgage capacity than you and you both need similar housing. That would be a reason to depart from 50:50.

Give the helpline a call or look at the services page to see how we are able to support litigants in person.

Hadenoughnow

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31 May 20 #512667 by musicteacher
Reply from musicteacher
Thank you so much for your reply. I will get onto it on Monday. He has a solicitor for the divorce, but finances are separate? I fear that if I represent myself he will pay thousands to fight me (which would be our joint money) we will fall out and he will turn our friends against me. In some ways, my preferred outcome would be a judge over ruling it and deciding for us, but that it is a much bigger risk as to whether that actually happened.

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