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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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Family Home

  • susyq
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19 Jan 08 #11150 by susyq
Topic started by susyq
Hi there,

I have separated from my husband and am currently still living in the family home, however, I am thinking of moving out. The house is in my husbands name only has he bought it 6 years before he met me. I moved in and helped him clear a lot of debts he had. I have always worked around him and around the children and he has always worked long hours. We have been married for 13 years and have two children aged 12 and 13 who he is supposed to have every other weekend but doesn't.

What I am wondering is - what I am entitled to if anything from the house if I move - any advise or experience of this kind of thing would be greatly appreciated.

  • Jacko
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19 Jan 08 #11171 by Jacko
Reply from Jacko
I assume there must be other contributing factors which you would also have to detail for a more comprehensive answer such as pensions, savings and debts etc

from my own particular experience i would think you need to be looking at the very least a property adjustment order and possibly a lump sum order as well.

If you could post a few more details I'm sure some of the better informed here on the forum could give you a much better answer.

  • Specialdad
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19 Jan 08 #11174 by Specialdad
Reply from Specialdad
You would be looking at 50% of the house as a starting point

  • Fiona
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19 Jan 08 #11177 by Fiona
Reply from Fiona
You would be well advised to apply for registering a notice of matrimonial right on your home so it can't be sold without your agreement. Forms are downloadable from the Land Registry.

All your's, your husband's and joint assets go into the 'pot' and any debts deducted to reach the total amount to be shared. If there is a modest amount it will be shared according to need and the children's housing is a priority, although it isn't the only consideration. When there are enough assets to meet both parties need the emphasis moves away from need onto sharing in a long relationship. Co-habitation periods before marriage that are seamless count towards the overall length.

If you move out and are rehoused your needs could be considered less.

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