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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.

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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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Ramifications of leaving home

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16 Jan 21 #515382 by Is this it?
Topic started by Is this it?
My wife and I are separating after 20 years and one child of 11.
I moved into the outbuilding but still need to go to house for certain things in washing clothes at.
She's making me feel more and more uncomfortable when around me, by passive aggressive attitude.
I had hoped that this interim period easing out of the home was best for all especially as she works care shifts and I don't have a job. My income was from the outbuildings airbnb renting and obviously this is empty.
My question is this, if I leave the family home are there some ramifications to me legally ? Friends say I can then be due less value of the property....? Anything else? Presumably I need to get an agreement made and signed by both as to the duties and care of child as well as financial obligations.

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25 Jan 21 #515486 by wikivorce team
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The most clearcut change that happens if you fully move out is that (depending on how often the child comes to stay with you) you will become liable for child maintenance.

The bigger issue with moving out (which your friends may be alluding to) is that you could allow a situation to develop over several months where she is in the house looking after the child and you are in a bedsit (or flat or wherever).

This could become the status quo and when you later get down to divorce negotiations or court hearings - the needs of the child for a roof over their head and therefore the needs of the parent who is deemed the main carer can lead to an uneven split of property equity.

So in short you are better to negotiate a deal now before moving out.

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31 Jan 21 - 04 Mar 21 #515576 by Is this it?
Reply from Is this it?
Thank you.
Just to be clear, we have no mortgage so at the moment she is the only breadwinner due to lockdown and me in the Airbnb outbuilding.
So the deal could be like: I move out for 18 months renting somewhere - expensive to me. So she would not have a case to ask me for money as her wages cover everything. We would share the care of the child.
After 18 months separation I need the house sold so I can get a property of my own. (The value of the current house would make it possible for both to have two smaller properties.)
What is she likely to ask for? Presumably if I can get a job then she would be asking for some maintenance?
Last edit: 04 Mar 21 by Is this it?.

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