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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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  • barrys74
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15 Jan 08 #10716 by barrys74
Topic started by barrys74
Here is a poser,

I split from my wife in Sep 2006, there are 2 propoerties both in my name. We have been granted the Decree Nisi. There is 1 child 2 1/2 years old.

If she were to recieve any money from a fianancial settlement there would be a large portion going to pay her solicitor as she is on legal aid and would be required to pay back any winnings to the LSC.

My thinking is that I could sell one house use that to pay off both mortgages as there is enough equity to allow me to do this. I would move out and live with my mum. Let XW stay there rent/motgage free until my son is 16 or out of full time education, like a mesher order. At the end of it she moves out and I retain the property to do what I like with it. This is worth in the region of £115k in money that she will not have to find for rent/mortgage or about £500 per month, I would also ask that CSA payments are stoppped. She will never be able to afford a mortgage as she has no qualifications (She gives up at everything when it becomes difficult, Hence the divorce)

This way she lives there without the need to move out or suffer any financial loss, she works part time, and will be reciveving all the relevant working tax creadits, child support etc. She has contributed nothing in the way of mortgage payments on either property and worked full time before son was born, choosing to only work part time after he was born, against my wishes!!

She also has a pension fund of approx 6 years, and 30 years work to look forward to in the future to build up a decent pension and meet some other fool to be used as an emotional and physical punchbag. So I would like to expect pensions to remain unchanged.

Has anyone else agreed on a similar outcome. Any guidance advice would be greatly appreciated, as I am starting to get a bit desparate, financially and emotionally.

  • juttabeck
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16 Jan 08 #10859 by juttabeck
Reply from juttabeck
As far as I know, you are unlikley to get CSA payments eliminated from any settlement. The Courts can make no orders as to child maintenance that has not been consented to by both parties. She would be mad to consent to this. In any case, after a year, either one of you can go back and ask for it to be re-assessed, so you may have to pay it from then on (we have tried offering similar, paying all child support upfront, but were told not to bother because of this).

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