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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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His house?

  • Sera
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28 Jul 07 #1591 by Sera
Topic started by Sera
After only six months of marriage, my husband wants a divorce! I am devastated.

We're both in our late forties (no kids), professional, and we both have our own homes.

I moved in to his two years ago, (practicalities with his business here):

We intended to sell up both homes, and buy together.

I've worked for him un-paid for the first 18 months, doing everything for the 'greater good of us'. I have scrimped to make savings towards our new home. I have spent two years renovating his house, and have spent a year in negotiations with property-developers, because his house sits on an acre of land. Just as we are about to agree a sale, I have played the developers off against each other, and raised the price by a massive £300,000 (three-hundred thousand).

My husband didn't want a divorce before I'd struck that deal. His name is on the deeds of our marital home, but I think he intends to just walk, (citing 'short term marriage') and pocket the massive profits from my efforts.

Where do I stand in securing a settlement short term?

  • CollaborativeFamilyLaw
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28 Jul 07 #1597 by CollaborativeFamilyLaw
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Speak to a solicitor (Resolution accredited etc). This is a short marriage and, at the very least, theory you should be entitled to take out whatever you put in (in terms of your capital expenditure etc), with perhaps a bit of rehabiliative maintenance (depending on your your own earnings and his ability to pay).

The period of premarital cohabitation will strengthen your bargaining position as it effectively lenghtens the marriage. If I were him, I'd investigate the possibility of raising a modest lump sum to pay you on a Clean Break basis, in order to get you out of the house.

Your solicitor will advise you that, notwistanding the fact that the house is in his name, he is not able to exclude you from your home without the benefit of either a court order or your agreement.

  • Sera
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28 Jul 07 #1604 by Sera
Reply from Sera
Thanks for your reply. I'm still at a very raw state. I learnt from a solicitor that he had no right to throw me out, and I said I'd go when the sale completes.

However, I was then worried he'd abscond with everything. (When you suddenly feel used, abused, lied-to and cheated) you can become very suspicious, (not my normal self).

This website has been massively informative, and I downloaded the forms to prevent him selling over my head.
I've also posed this same question to the legal advisors.

I'm not out to fleece him. There is a massive injustice going on here.

  • mumof2
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08 Aug 07 #1845 by mumof2
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Hi
could I just say have you enterd an interest with the land registry or are these the forms that you are on about.
If you enter an interest you will be informed of any imopending sale on the property. If you havent please do so, you split does not sound to be friendly and I would advise anyone in the same position to do the same, it is free and at least you will get to know if things are going on behind your back and a sale can be staid while legal issues are resolved

  • Sera
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09 Aug 07 #1859 by Sera
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I downloaded forms called 'matrimonial home rights application'. (paid 45.00 on'line).

Basically this registers with the land registry that the property is under dispute. I'm not asking for his house, or land. But I am asking for the split of the profits earned by me, within the marriage.

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10 Aug 07 #1860 by mumof2
Reply from mumof2
Hi there Sera
Have you kept every receipt that you have made payment of< Keep a book and write everything down with the verifying receipt attached to the page<> Did you sell you house to finance the new build? if so can you prove this< it may have been a short marriage but financially you have to prove what you put in and if what I read is correct you financed a hellava lot> Print off your bank statements also all this info with a good solicitor may make him think twice if you have solid proof of your imput into this home>
Good luck with everything

  • Sera
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10 Aug 07 #1877 by Sera
Reply from Sera
Thanks Mum!

I had a consultation with a solicitor, and learnt that I have made a ‘substantial contribution’, through time, energy and effort, project management etc; as well as financial.

I can prove a ‘substantial contribution’ to the increase in profits. (Both to his business interests and property).

Despite that he cites the 'Short Marriage' clause; a court would recognize all of the above; I can refer to this as having made an ‘EXCEPTIONAL ENDEAVOR’ to increase the value of property both before the marriage, and during the marriage. The role I have played will not be ignored.

So, now I can sleep at night! :)...on my own, that is!

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