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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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Separation and redundancy

  • Portland Bill
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01 Oct 12 #358741 by Portland Bill
Topic started by Portland Bill
i have been separated for approx 18 months after a rather messy end to a long marriage. Prior to the separation i was in receipt of a substantial redundancy package. As i had one child at uni and another pending, i spent a good proportion of my redundancy paying off my mortgage. As it stands my wife still wants half of the house. As you can imagine i feel aggrieved by this. Could i offset some of the cost against what she would be entitled to. At present i maintain the house and live there with shared responsibilities for the children still at home. i wholly pay for my sons accommodation at uni also I am happy to have a reasonable amicable settlement, with no claims against her either for her pension or other assets.

  • LittleMrMike
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02 Oct 12 #358834 by LittleMrMike
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I think the first point you need to bear in mind, as I''ve said already this morning, is that the fact that you are not making a claim against your wife''s assets does not alter the fact that they are still assets ; she can''t keep all her assets and claim 50% on yours on top of that. That''s a broad generalisation of course but you see my meaning.

The Court''s main priority is to make sure that both of you have a roof over your head and this basic consideration will in practice tend to over-ride considerations like who paid for what. Yes, contributions are one of the statutory considerations a Court must consider. But in most cases it''s not one of the more important ones.

You say you''re separated, so that means she must be living somewhere. May I ask where ? Does she have a new partner ? The whole point is that all her assets come into the pot. With a long marriage the starting point is 50/50, but it''s half of the whole pot, not 50% of yours and I keep 100% of mine.

LMM

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02 Oct 12 #358849 by Portland Bill
Reply from Portland Bill
Thanks Mr Mike,
i would clarify we are living apart, and my wife is renting, i think she my have a partner or friend.

From what you say i am on a hiding to nothing. if we have no ''legal'' separation and just live apart, would i have a future claim against any assets and she mine?

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