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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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can finances still be scrutinised

  • madaboutcars
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20 Jan 08 #11222 by madaboutcars
Topic started by madaboutcars
Slowely going through divorce process,(im divorcing x2b on adultery) quick background info... x2b living with partner in their new home, joint names on mortgage, they have recently had a baby.

I looking to move in with my partner after divorce (and will declare this on form E), partner has home in her own name, she has 2 children of school age living with her.

my x2b and i have a 3 year old, who lives with x2b. I see her regularly and pay child maintanence. Family home previously sold. No marital debts, just £42k equity from sale of home

My question is...

As we are both settled in new relationships and are not dependent on each other for any finances (apart from child maintainence), would the x2b still be able to scrutinise form E and request any documentation or query my financial requirements (x2b is now living on a better standard of living then when she was with me as new partner earns a much higher wage then me).
My only claim from form E will be requesting my share of the equity from family home, as x2b has kept it.
I just feel that it is irrelevant what my outgoings are as i will not be paying any sm and there are no debts, Or have i got this completely wrong :unsure:

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20 Jan 08 #11225 by gone1
Reply from gone1
Ummm depends on what she is like. U wont have a Clean Break settlement as you are paying CM so in theory she could come back for more. But you havent been thru AR yet so see what happens. You could go thru the CSA but I am not sure if that gives you a clean break in the courts eye. How come she kept the equity? Chris

  • Josh2008
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20 Jan 08 #11226 by Josh2008
Reply from Josh2008
I would think if your s2bx is using a solicitor then she will be asking for SM, even if that's only 5p per year, it sets down a need for SM in the future.

It is possible that some time in the future she may no longer cohabit and could then apply for the SM to be reviewed upwards.

However most District Judges prefer a Clean Break and might in the first instance award a higher % of the property instead of SM

Others who have faced such a situation will no doubt be able to offer more experienced advice

When submitting your form E ensure that your are completely honest, whilst it can still be scrutinised by the other side, you will have all the answers.

  • madaboutcars
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20 Jan 08 #11229 by madaboutcars
Reply from madaboutcars
Thanks for the prompt replies.

x2b kept all equity as she always dealt with finances. We had already split when she sold the family home. Forgot to say the family home was not in my name as i am a mature student and my income was peanuts. I am just going thorugh all the utility companies at mo, trying to get proof that i contributed to the family home just incase she says that i didnt.
Like most x2b's, mine is not very nice and i know tht she will fight to stop me having any of the equity.
Any ideas as to the ratio?? 60%/40%, 70%/30%. Would ideally want a Clean Break.

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20 Jan 08 #11232 by Josh2008
Reply from Josh2008
You can't have a Clean Break on child maintennance

It is possible on the SM side

Your situation is compounded by the fact that both of you have or will have other resources after the divorce

Hard to say what the split will be, could be 70/30 or even 80/20 in wife's favour

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20 Jan 08 #11236 by madaboutcars
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Josh 2008

What would determine the equity split? I know that my daughter will be taken into the equation, but i was hoping it might be 60%/40% at the most seeing as we have both moved on and she has defenetly more money coming into the home,(their joint income £80k, mine and my partners £22k) or is it because i didnt own the home. (by the way, cohabited Nov 99, married feb 02 split Aug 05

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20 Jan 08 #11237 by Josh2008
Reply from Josh2008
Not so sure you need to prove that you lived together, so can't see any reason to get any bills formerly in your name, court assumes generally that married couples contribute equally whatever the circumstanes.

Just because you are/were a mature student, doesn't mean you did not contribute in some way, doesn't have to be proved by bills etc...

Courts do take into account the needs of ALL the parties for the future, children are top then spouses, it would appear that your future needs are greater than s2bx's

But the equity that you both had, has now dissappeared, questions need to be asked as to how that came about and can you then get the court to pay you a lump sum against the equity that you both had, no matter who's name it was in

Looking closer at your predicament, and the massive differences in current resources, the court could award a 50/50 split, it's difficult to really state a figure

If you have not already done so, get some advice from a solicitor, first 1/2 hour usually free, also if you qualify for legal assistance you could try that angle

Has to be paid back in the event that you are awarded sufficient to repay it

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