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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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  • AaR2527
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04 Jul 21 #517185 by AaR2527
Topic started by AaR2527
Hi my name is Andy, I have been married 12 years, I have 2 kids 14 and 17, I want to get a no fault divorce as the marriage is completely over, the house is in my name solely and we both sleep in separate rooms, I am looking for advice for what would my ex wife be entitled to, also advice if I leave the family home will that be more favourable for her, also I am responsible for the kids so they are top of the list when it comes to this situation, also advice on can the ex still have anything to do with pension as I am only 43.

Kind Regards

Andy

  • .Charles
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05 Jul 21 #517187 by .Charles
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Just a few comments whilst I have a minute:

1. No fault divorce is not possible at the moment. This is being brought into law in April next year.

2. The house being in your sole name doesn't mean anything if you are married. It's a joint matrimonial asset.

3. Leaving the matrimonial home sometimes is a case of necessity if the situation is intolerable. However, having to rent somewhere costs extra money and if you can be civil to each other you can reach a settlement and then agree to implement this which might be to sell the property.

4. You mention that you are responsible for the children but you are considering moving out. Do you mean financially responsible or responsible for their day to day care and needs?

5. As with the property, your pension is a joint matrimonial asset.

6. The starting position for finances is to split everything 50:50 unless their is good reason to depart from this approach. There are many reasons to depart from that approach which could include unequal earnings capacity, unequal pension funds, health reasons, financial needs etc.

Charles

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