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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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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.

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  • puffafish
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14 Feb 08 #13917 by puffafish
Topic started by puffafish
My STBX has just announced that I will have to give him half of a grievance settlement that I got last September from work. It was actually unpaid backpay from my job as a trainee. I spent some of it on a car and gave the rest to the three kids via their bank accounts. He is now after 25 grand, the backpay was approx £9500, my car was £6000, the equity in the house is only £20,000 between us. he says that because it was paid into the joint account at the time, then he is entitled to it. I need a reliable car to transport three kids around and get myself to work. He has his own car anyway.

  • Elle
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14 Feb 08 #13935 by Elle
Reply from Elle
The main point is whether this settlement is an asset acquired during the time of the marriage and NOT when it was paid out. How it has been spent is second to that. In determination of assets that are not imminently obvious as acquired during the marriage there are a only a few cases that have been promulgated to exercise this point. Some cases have set some kind of precedent. In essence....if u received the settlement after separation, but acquired the right to it during the marriage.....it can be proven as a mat asset via certain judgements such as gillon v gillon, wagstaff v wagsaff.....and my own........dates are very important regards this issue.

  • attilladahun
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15 Feb 08 #13943 by attilladahun
Reply from attilladahun
Absolute rubbish....think about it redundancy is only capitalised maintenance

Now 1st Q'n would you be obliged to pay Periodical payments of maintenance to H? No

So why would you have to pay him from this?

Take a basic mainenance calc in a normal case (not smaal/big case)

Net incomes
Divide by 3
Sum -income of client=PPO due

Now I'd be tempted to add the Redundancy payment to the net incomes of Clt and then work out the effect this would have on Maintenance ..that would be worst scenario

Really capital received is a "resource" of client NOT in the pot.

  • BVG
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15 Feb 08 #13958 by BVG
Reply from BVG
Hi All,
Similar question. I become very ill with depression while trying to cope with my managerial role in IT, mainly due to finding out that my wife was having an affair. Trying to cope with the job and personal problems became to much. My company were very good to me but in the end stated that the situation could not continue. They sorted out a very good redundacy package and advised me to take it. I did. Now my X looks like she wants half of this. Can she?

I think I know the answer to the next question but here goes. I also took my pensions when I was living alone in FMH but before the divorce AB came through, I presume she will go after half the lump sum payments I got. By the way I no longer have that money,

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