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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.

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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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Bankrupt

  • Angel557
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27 Feb 08 #15162 by Angel557
Topic started by Angel557
Speaking to a finicial adviser this morning i have been told my best option is to go bankrupt.I left the marriage with 10k worth of debts some of this is his debts but i was the main card holder, his debts have occured after the split as he has had to give his g/f a good time and he has been lucky enough to be able to do an IVA,this IVA of course is now proirity even above the children's needs and that sucks , how the children ( 1 with special needs) can be made to suffer due to their father being a ***b.Ex made sure i lost the family home by conning me into believing we sell our 2 bedroom house rent for a yr then buy a 3 bedroom as soon as the money was in the account he had his dirty little mitts on it.He then made sure i lost our rented home he refused to help with the rent and never gave me my mail which had wrongly been diverted to his parents home so i my claim for housing benefit was closed and i was served notice.Due to his behaviour i fled my hometown and landed up in a homeless unit i was advised to go this route rather than a woman's refuge as i would been rehoused quicker.I was given a housing association house with 5 tins of paint.My kids and i slept on an inflatable matress on wooden floorboards, we had no heating , no hot water, no downstairs lighting, no fridge, no cooker, no microwave just a kettle and a toaster in the kitchen , not at any time was anything done in regards to the ex helping out ie no pending suit nothing , he failed to pay child support for 18 months and now to add insult to injury he has offered me £20 p/w for 2 yrs and that is what he classes as fair and a Clean Break.noone has thought about our younger child whom will not be going to the local secondary school as i have been told he will not cope so added strain on my finances when this happens and his DLA will not cover this.He handed the judge last week a letter stating he was getting married in May it never occured to the judge to ask him where this marriage was happening or how he was affording it.Do i feel bitter yes i do i feel the children are suffering at the expense of his debts, and that this judge had his head quite far up his own backside.So i have the option go backrupt or still be paying these debts off in my retirement.End of rant for now.Grrrrrrrrrrrrrrr:angry: :angry::angry::angry:

  • mike62
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27 Feb 08 #15165 by mike62
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Angel,
You are wedged between a very large rock and a very hard place. Not much you can do to influence your situation, short of choosing the right lottery numbers next week. And you have him to thank for that. So frustrating.

Found this site that you might find helpful:

blog.piggybankrupt.co.uk/

Someone else's experience of bankruptcy.

Not the end of the world, but not far from it. You have come so far, and now it seems there is another peak to climb.

Take care of yourself,

Mike

  • Angel557
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27 Feb 08 #15170 by Angel557
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Thanks for the link Mike sounds quite daunting, i called the county court whose sending me out some paperwork to fill in , i rang the senior sol who is now dealing with me and said for me not to do anything til he gets back to me , i have told him how i feel with what has happened in my case he does agree something has gone very wrong, thing i'm worried about is my bank account and not being able to pay the rent as i need a bank account to pay it no other way round it as me yes silly me was conned again by ex last August after first appointment in leaving my hosuing assosation house to move nearer to him and in return he would do this this and this for the kids i always fall for it with him and really i'm not suppose to be here as i'm on housing benefits and the landlord don't know.God give me strngth with that ***b, surely there has got to be a law against people like him sharing the same air as the rest of us.:angry::angry::angry::angry:


found this on another site
This is just one of several examples of the trustee's powers which demonstrate the general principles that:

- the bankrupcty court 'out trumps' the family court;

- the interests of the creditors 'out trump' the interests of the former spouse and the family.

Indeed some 'aggrieved' fathers are now making themselves bankrupt purposely to trip up the bankruptcy laws to get back at what their wives!
:angry::angry::angry::angry:

  • ariesgirl63
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27 Feb 08 #15192 by ariesgirl63
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Hi Angel,
When you go bankrupt the bank won't necessarily close your current account, especially as you need it to have your benefits paid into it and to make rent payments from it. The Official receiver will probably write to the bank to say that he has no interest in the account and that the bank may continue to operate your account if they see fit to do so. The Official Receiver won't touch any money that you need for day to day living, he would only be interested in any savings accounts. What you will find however, is that the bank will probably only give you a debit card and/or a ATM card so that you can only spend/withdraw what money you have in the account thereby preventing you from going into debit or getting any credit. Any credit cards you have will be cancelled. Best wishes Aries xx

  • peterc
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28 Feb 08 #15235 by peterc
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angel - i hope everything works out ok for you :(

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