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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.


So many questions - can you answer any?

  • geldap
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11 Jul 07 #1309 by geldap
Topic started by geldap
Having reported my wife to the police for domestic violence against me she has returned home from the police station packed her bags and left. We were due to go and see a mediation solicitor tommorow. This leaves me with a 9 year old at home to look after but my more immediate concerns are financial. Can anyone answer any of the following:-

I will really struggle to afford to pay bills on my own - will she still be abl to claim a large chunk of the house if I struggle to pay the mortgage for months and then she wants to sell?

I earn a good salary (about £45K + overtime of about £10K) but it will still not quite meet all of the bills - especially as I will not be able to work the overtime due to looking after my daughter. Are there any benefits I may be able to claim.

If she stays out of the house could I force her to sell as I can no way afford to buy her out (already have £300K mortgage on property of £500K).

If I look after my daughter whilst she is gone could I apply for my daughters residency to be with me because the mother left.

Anything I might have missed - I am new to this !!

  • Dobber
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11 Jul 07 #1310 by Dobber
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IMHO , Just sell it , pay her off . With 45k + a year coming in you,ll be ok for a morgage on a property for you & your daughter ( I,m managing it on 28k pa & in the SE of England). OK it wont be to the same standard you are used to now but, thats divorce for you. Everyone has to make cut backs on both sides. The inportant thing to do now is to get your daughter & yourself away to somewhere safe. Good luck.

Dobbs.

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11 Jul 07 #1311 by geldap
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Thanks dobber - can I make her sell if she has left and I cannot afford the house??

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11 Jul 07 #1312 by Dobber
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I,m sure if you waved the % of equity she,d get under her nose she,ll want it sold. If you have a 300k morgage on a 500k house . 60/40 in your favour as you have your daughter Would be 80k to her. More than enough to set her up again. Or even split it 50/50 100k each is plenty for you both & she,d more likely accept that .

If I were you I,d get to a family law solicitor PDQ & get the care for your daughter sorted out. Once you are the PWC things will work much more in your favour. This is just my honest opinion.

Dobbs.

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11 Jul 07 #1313 by Shelia
Reply from Shelia
I can't think why your wife would want to hang onto a house she is no longer living in.

I would imagine she would want her share so she could buy somewhere herself.

Court has power to divide assets if it comes to that. I'm sure someone who knows more that me will answer this more fully.

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11 Jul 07 #1314 by geldap
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What does PWC stand for parent with ??? or soething like that - and how do I become the PWC?? Thanks

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11 Jul 07 #1316 by sexysadie
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You should be able to get child tax credit on that income if your daughter is living with you. You won't get much (£40-50 a month I think) but it will be better than nothing. Also child benefit could be transferred to you if you are parent with care.

sadie

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