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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.


SEPERATION.

  • suzydudley1
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08 Oct 12 #359852 by suzydudley1
Topic started by suzydudley1
Hi I am 50 Years old and have had terminal cancer for 9 years i have undergone 2 bonemarrow transplants. My husband of 29 years left me 8 months ago didnt want to be with me anymore. Now he is trying to get me to sell the house. I cannot work, so i cannot get anyfinance to buy him out. He says he wants 50% as our children have left home and are not dependant. I have been told by counsellors that i am classed as vunerable as i cannot work i was totaly dependant on him. Could i please get some advice on this. I have been advised i could get a larger half of the house . or he has to leave me in the house and give me spousal maintenance. I am currently being fed by my elderley parents as i cannot afford bills and food. Please Help !!!:(

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08 Oct 12 #359858 by Inamess
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My best wishes and a big hug for you suzy, I''m sure you''ll get all the help and support from the good people of wiki. Sorry I can''t help with your question but I''ll keep my fingers crossed that you get everything sorted in your favour to put your mind at ease. Got to say,I sure hope that you stbx gets what he deserves, nice guy eh!! Love and best wishes x

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08 Oct 12 #359923 by suzydudley1
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Hi
Thanks for the reply and the hug i hope i can get some advice off here.

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08 Oct 12 #359926 by worrier1
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Hi,

I wish i could give you advice that you need.

I know this probably isn''t much help, but whatever happens, try and stay strong, and make sure you get whatever you can from your stbx.

Just a thought but have you tried the Citizens advice Bureau?

Sorry i couldn''t give any direct answer to your questions.

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08 Oct 12 #359932 by suzydudley1
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Thanks very much i am trying.
I did try CAB they gave me numbers for solicitors but they were only interested in getting the divorce sorted straight away. No one seems to know about my situation, i will keep trying i will live another 20 years just to bug him.
Thanks for your reply

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08 Oct 12 #359937 by hadenoughnow
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So sorry to hear about your situation. The financial settlement will depend on all the circumstances. What sort of income does your stbx have?
Your strict need is for a one bed property. How much equity is there in the FMH and how much would it cost to buy a 1 bed place?

It is possible, given your prognosis, that you could have something called a Martin Order that gives you a lifetime interest in a property. It sounds like you would slo need spousal maintenance if there are the funds for it.

To help you better we need to know a bit more about the finances.

Hadenoughnow

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08 Oct 12 #359938 by Action
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I hope someone can offer you some advice on here soon. What an awful situation you are in. I think the experts will need to know more about your finances and stuff though:

his age and income, pensions, investments
any assets that you have
value of house / equity in the house, i.e. could you sell it and buy two smaller houses?
does he earn enough to raise a mortgage?
is he paying towards the house at the moment?
Is your husband renting a place now or is he co-habiting?

Calculations are usually done on a needs basis plus the ability to pay. The fact that you are terminally ill and not able to work should be taken into account.

If he is on a good salary then there might be a good case for applying for a Maintenance Pending Suit, so that he pays you something while finances are being settled.

Your solicitors may be advising you to get on with the divorce so that you can get the finances settled with a matter of urgency, bearing in mind your condition (sorry to be blunt but there''s no easy way of saying it) as, if you die before the finances are sorted then there is a risk of your share of the house automatically going to him. Do you have joint or common tenancy? This might be worth checking on and altering if necessary, so that you can get a new Will written accordingly.

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