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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.


reason for divorce/ affect on financial settlement

  • liberty1
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24 Jan 08 #11769 by liberty1
Topic started by liberty1
I realise this may seem naive but having discovered my wife has been having an affair over a prolonged period of time would like to know if this and the reason for my divorce application will have any impact on the courts likely division of assets

Thanks
Carl

  • Mrs Ingledew
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24 Jan 08 #11781 by Mrs Ingledew
Reply from Mrs Ingledew
In my non legal opinion and experience.

divorce costs 50:50 in all cases except adultery.

In adultery normally to the applicant though in my case if the respondent turns up in court and threatens bankruptcy 50:50.

As to financial settlement. Starting point 50:50 in a medium to long term marriage then amounts go up in favour of the partner with the children - up to about 85:15. But can go back down to 50:50 on the threat of bankruptcy due to the Haynes(?) case currently going through court.

Hope that makes sense.

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24 Jan 08 #11784 by liberty1
Reply from liberty1
many thanks for your reply

Thanks
carl

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24 Jan 08 #11801 by Josh2008
Reply from Josh2008
In answer to your specific question:-

The outcome of financial matters relating to 'ancillary relief' (Who gets what) following divorce proceedings, is not affected by the reason(s) for the actual divorce itself.

Excepting that it was so bad as to not account for it, adultery is in this instance 'not so bad'

Beating a spouse to a pulp, and rendering them unemployable can be so bad

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25 Jan 08 #11855 by liberty1
Reply from liberty1
thanks josh - that made me smile

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25 Jan 08 #11903 by dukey
Reply from dukey
Hello i have been advised that the reason for the divorce has no bearing on the final division of assets if you cant both agrea the court will always make provision in favour for the parent who keeps the kids

  • montana
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25 Jan 08 #11910 by montana
Reply from montana
Hi All,
Does the court simply decide 50:50 if the care is shared 50:50? Are there any mitigating factors and if so what are these?
Cheeres Montana:kiss:

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