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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.


Separation next steps

  • Asbo
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20 Jun 14 #437386 by Asbo
Topic started by Asbo
HI ALL

Have not posted for ages , so wanted to get some advice. The marriage is deff over and we will be separating . My STBX still seeing the other guy . I am in a better plce and talking to lots of support .

We have been to mediation and agreed at the session and beforehand on .

- Focus on Children
- Children split 3/4 per week as much as poss
- Equity of home to be trand to me - I will buy my wife out .
- Debts to be setteled and she will recieve 50% of the share.
- Contents of house to be shared and discussed.
- My wife will make no claim to my Pension.
- Agreed child maintenance Payments based on figure on Child Maint options website.
- Divorce after 2yr separation !!!

There is one point I dont agree on and that is my wife wants to have 2year sep then divore, but I dont sit easy with that, we are either married or not , it may be because she committed adultery ( she has admitted) this .

So the question in -

1)Do we have to have a legal separation drawn up? or do we just do what we want ..

2)When I get Equity transfered to my name and I buy her out of the home, I will use a solicitor , does this have to include "no more claim to the home" ?

3) I expect that after 2/3 months of bieng apart and then I ask for a divorce , she may change her mond to Pension claim , can she do this to anything else ?

Cheers All ...

  • Lostboy67
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22 Jun 14 #437612 by Lostboy67
Reply from Lostboy67
Hi,
The problem that you have is that a Separation Agreement isn''t binding in the same way a Consent Order is. There is the possibility that after 2 years and you get to the financial settlement she may come back for more, having spent the original pay out on magic beans. It depends if you think this is a risk worth taking. In my case I did (although it was not a two year wait), the solicitors dealing with it would not progress the transfer without a Separation Agreement.

You could suggest that she divorces you on grounds of unreasonable behaviour, or you could do the same.
Waiting for 2 years just seems to be dragging things out unnecessarily and potentially exposing yourself to future claims.

LB

  • MrsMathsisfun
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23 Jun 14 #437633 by MrsMathsisfun
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My husband initially went for a Separation Agreement. The house was sold and split 50/50. She also agreed to leaving pensions out of equation. However the agreement was never signed and when it came to divorce she backed out of agreement and it took another 2 years to get her to agree to original terms.

  • Asbo
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23 Jun 14 #437642 by Asbo
Reply from Asbo
Hi MrsM , Thank you for the reply, So I will look to get a Separataion agreement drawn up and signed , to include the financial settlement to .
Have a great Day .. As

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