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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Advice Please

  • Jayne W
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10 Jun 20 #512799 by Jayne W
Topic started by Jayne W
Good Afternoon,
Looking for some advice please. I have been married for 7 years, separated for 3 years. We have a son who lives with me and stays with his father every other weekend. We have an informal 'agreement' (he told me that's what he would pay me) for maintenance payments which is around half the amount I would be entitled to via the CSA.
I own a house which I bought around 7 years before our marriage. It was never our marital home, the mortgage has only ever been in my name, my husband have never appeared on it and has never paid towards the house. the house has very little equity in it and is on an interest only mortgage.
During our marriage we rented a house together. When he left I gave him the deposit for another rented property. Before our marriage he sold his house and the money from the sale was only ever in his sole bank account. He used some of it to pay for our wedding. We both contributed towards living costs during our marriage. the rest of the money in his account just went I assume, his many nights out, taking unpaid leave from his job etc. I received a redundancy payment during our marriage which was paid into his account, I never saw a penny.
I think we should just be able to get divorced, there is no custody battle and no financial agreement to be made, we have nothing to divide. He thinks he is owed a lump sum of money from me, i don't have it, it doesn't exist? He wants me to pay him back money spent on the wedding and he wants me to sell the house in my name and divide equally the little equity in it. Can he make me do this?
Thanks

  • MarcusFox
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27 Jun 20 #513039 by MarcusFox
Reply from MarcusFox
Hi. I'm not a legal expert, just someone in the process of a divorce, but it sounds like you need some help, so this will bump you back to the top of the list. I would think his position on the house depends on whether 7 years is considered a 'short' marriage. He should certainly pay you the going rate for child maintenance. Have you seen a family solicitor?

  • hadenoughnow
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28 Jun 20 #513045 by hadenoughnow
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Did you live together before you married?

As there is a child to consider the length of the marriage is less relevant. This matter would be determined on needs rather than contributions. If you are the parent with the majority of care, your needs and those of your child are a priority.

If he is not paying CMS minimum, he should be. This is a statutory) legal) requirement. The figure is the bare minimum that should be paid, based on his income, he can pay more on a voluntary basis but only the minimum can be enforced.

Even if no money was to change hands, you would still need an order to sever financial ties. Without it there is a continuing claim. This can be a Consent Order if you both agree. If you don't you may have to ask the court for help. Bear in mind that if fully represented it can cost upwards of £15k to go all the way through the court process. You can do it as Litigant in Person but may need help to understand the process and operate effectively within it.

Have you had any legal advice? I would suggest it may be an idea to have the matter looked at so you can be totally sure of your ground. We offer a range of cost effective services to help with everything from understanding paperwork through letter writing, negotiating settlement and handling the court process. Give the helpline a call.

Hadenoughnow

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