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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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entitlements?

  • placid
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30 Jun 12 #340100 by placid
Topic started by placid
Well folks, can''t believe it. Is she right?
Let me know.

>20 yrs of marriage.

children 2 (one under 18)

Grounds have to be "unreasonable behaviour" - what sort of things to stay clear of in agreeing?


I didn''t want a divorce but can see that I must now go through it for S2bx happiness. It feels like it is going to be done to me rather than a fair process.

  • Jamsandwiches
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30 Jun 12 #340128 by Jamsandwiches
Reply from Jamsandwiches
If you can go for an uncontested divorce. Once you start disagreeing the solicitor fees get very expensive. You can even process a DIY divorce and Consent Order if you can sit down and agree..

I''m doing a 50:50 Consent Order with my X because we decided it is fair after 21 years. Even though I was told I should claim more. I work too now but he did support me when the children were very young so my personal decision is to just split it equal.

They view women who have stayed at home with the children as giving up their career to raise a family so she won''t be looked down on for that by the judge...

They will look at your future earning potential and any pension against hers e.t.c..

Hope you can sort it out. I understand how stressful it is.

  • MrsMathsisfun
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30 Jun 12 #340165 by MrsMathsisfun
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Is the eldest child still at school?

Actually your ''''needs'''' will be the same to begin with and in the long term your ''''needs'''' will be more because the youngest child will be living with you.

You would have to post much more detail before any one could suggest what the settlement would be.

Remember just because her solicitors says she is entitled to more doesnt mean thats what would actually happen.

  • Lostboy67
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30 Jun 12 #340175 by Lostboy67
Reply from Lostboy67
Hi,
If you post the following a wise wikipeep may be able to offer some advice on what is fair

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.

It a long marriage the starting point is 50:50 but that is just the starting point. What moves things away from this is your respective needs and your ability to meet those needs. Since you earn more than your s2bx that would mean you would be better able to afford housing so would tilt things in her favour.
Her solicitor may well be right in saying that she is entitled to more than 50:50.
Be aware though that a long and protracted legal battle is going to be expensive and that comes right off the bottom line.
Have you concidered mediation to try and reach a mutually aceptable settlement.
In reality a 50:50 split is quite rare.

LB

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01 Jul 12 #340219 by placid
Reply from placid
Hi,
am Placid now.

Is the detail still visible?

Like your comment - supportive and not a corollorary if you deduce.

Whatif? inheritance crops up in near future, before consent forms. Is this automatically added to the "serve needs pot"?

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