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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.


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  • Shaun the book
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29 Aug 12 #352592 by Shaun the book
Topic started by Shaun the book
Hi all
I am getting divorced, not done anything wrong, wife just doesn''t want me any more.

This is where I am at.

- Married 20 years and a home owner
- 12 year old daughter, mother will get custody
- Had the Decree Nisi

What is against me

- Daughter in law, a divorce lawyer, is representing my wife pro bono.
- I can not afford a solicitor divorce. I earn just upwards of 20k a year
- I have a pension, value 160k, my wife stopped her pension, without my knowledge, and her''s is worth 3k
- 200k of equity in our 250k house.
-My wife looking to use my pension to take my share of the house.
Because my wife knows she has the upper hand in a big way she is making offers that are very unfair. The main offer is always... I get to keep my pension and take 5k to rehouse myself, she gets the rest, house, endowment, the lot.

I am 55 and do not know how I could rehouse with 5k.

Looking to represent myself, but have taken advice from a solicitor. Any help or advice would be massively appreciated.
STB

  • MrsMathsisfun
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29 Aug 12 #352615 by MrsMathsisfun
Reply from MrsMathsisfun
Welcome to wiki.

How much does your wife earn?

Will your daughter be having overnight contact with you?

A court would expect that both of you should be in a position to rehome yourselves and if the daughter stays with you sometimes then both your housing needs would be the same.

  • soulruler
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29 Aug 12 #352637 by soulruler
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Did you know that you are supposed to pay litigation fees up front and that a person involved in litigation is supposed to declare a conflict of interest and exit proceedings if it can be established that there is a conflict of interest?

I can not see that your sister in law or your wife could possibly argue that there is not a possible in fact a factual conflict of interest in your divorce proceedings.

Believe me when I state that I know what it is like to be presented by the heavies intent on their cut.

Your wife choses to exit after a 20 year marriage and thinks that because you have a 12 year old that you should walk away with just £5,000 equity on a house more or less paid off and a pension in your name which in principle has a similar value which you cannot reclaim - GET A GRIP.

In my opinion your wife needs to disclose into court her "expenses" to date and that her legal team need to justify them and why when there is an obvious conflict of interest they are involved at all.

If in doubt, google litigation rules 23 feb 2011 entity rules which explains YOUR rights of audience as a self litigant and THEIR obligations supposedly as competent legal advisers who have gone through years and years of training and rigorous exams to ensure that they do not abuse process or any opponent who has rights of audience (that is you) or UK Courts or UK Law.


Abuse of process springs to mind but most importantly to me abuse of marriage vows and abuse of the child that was the result.

End of total rant.

  • Shaun the book
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30 Aug 12 #352806 by Shaun the book
Reply from Shaun the book
Hi Mathisfun
My wife is self employed so officially she earns whatever her accountant says she earns. She recently tried to tell me she grossed 14k and nets 7k. This is not possible as the daughter in law has told me my wife has a mortgage caperbility of 37k. Despite numerous requests from myself she has failed to provide documentary evidence that our mortgage provider that they are willing to let her have the mortgage in her sole name and have me released from it. I believe it is unlikely that the courts would expect me to move out but still be on the mortgage, making me liable if she defaults, but more importantly preventing me from obtaining a mortgage of my own. I am right in this thinking?
STB

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30 Aug 12 #352807 by Shaun the book
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Forgot to say I believe she has overcooked her books. Showing a small income is great for paying little or no tax, receiving poo loads of tax credits, and obtaining lots of child maintenance payments, but no good for taking over mortgages

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30 Aug 12 #352814 by Shaun the book
Reply from Shaun the book
HI Soulruler.
Not my sister in law but my daughter in law. Not sure how she can represent my wife, but she is sure it is okay. In the Petition my wife declared her level of service as ''I am not represented by a solicitor''. Find all of this very confusing.

  • MrsMathsisfun
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30 Aug 12 #352815 by MrsMathsisfun
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Unfortunately a court could rule that the wife ''''makes her best endeavours to release you from the mortgage'''' which would leave you in limbo.

How much is the endowment?

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