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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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Do i have to pay anything?

  • pintofmild
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02 Aug 07 #1702 by pintofmild
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Me and my wife are going through divorce, It has been steadily getting nastier most of it from her side I.e. texts and emails.

We were only married for a short time had no kids together she now lives and works abroad. She had a daughter and son from a previous relationship son 19 Girl 13 who I have a good relationship with and said they would like to keep in touch after the divorce.

We lived in rented accommodation basically I gave up everything to move in with her in the first place so everything was hers apart from the basics. So since I moved back to England I
have had to start all over again buy all new furniture. The only thing we had together were two pet Cats which I have now taken on. Also She has brought into a timeshare which I did not get involved in but was while we were married do I have a claim on that?

I keep getting texts from her saying divorce is going thorough and she is entitled to maintenance. At this moment in time I just can not bare to ask her for what .

So can anyone shed any light on if or what this is all about how and why should I have to pay and for what? Or is just her way of keeping on contact with me?

I think my only trouble is I do not have a solicitor and she has.


Pete

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02 Aug 07 #1704 by Fiona
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02 Aug 07 #1705 by pintofmild
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As far as i know she is. As she is over here at the moment.

Does it make a difference?

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02 Aug 07 #1706 by pintofmild
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As far as i know she is. As she is over here at the moment.

Does it make a difference?

  • LittleMrMike
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02 Aug 07 #1707 by LittleMrMike
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This is, I think. my 100th post, so it had better be a good one !

Fiona's point is that if your wife works abroad then it is possible - and I can only say possible - that divorce proceedings could be brought either in England and Wales ( not Scotland, by the way, the law there is totally different ) or in some foreign country or state. This can be important - for example in Scotland maintenance can normally be awarded for three years only, whereas in England it can be awarded for much longer, perhaps even for life. So then, the choice of jurisdiction can matter quite a lot.

The first thing I have to say, sir, is that you should NOT expect advice from anyone on this website on any divorce with an international dimesion to it. But having said that, if your wife has a solicitor, she will probably go for England. What I am going to say applies to England and Wales.

Next point is that you have not given nearly enough information to give you more than very general advice.
My guess is that spousal maintenance is possible, but unlikely. For a start, you say your marriage is short.
Secondly, you are living apart as it is, and your wife is presumably coping. But so much depends on your relative earnings, so what do you earn and what do you know about your wife's income ?

Next is your house. Is it rented, and if so whose name is the tenancy in ? Do you own it ? In joint names?
Is there is a mortgage ? What is your age and how long have you been married ? Do you have an occupational pension ?

What about your wife ? Where does she live ? Is it provided by her employers ? If she comes home some time, would she have to start at the bottom of the housing ladder ? What is her age and does she have an occupational pension ?

More complicated than you thought, this, isn't it ? But if you let me have this information I may be able to offer you some guidance. You might care to tell me where your wife lives - but to get advice on the laws of a foreign state you MUST speak to a lawyer qualified to practise there.

Mike 100468

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02 Aug 07 #1708 by pintofmild
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Thanks Mike,

My Wife is currently living in Gibraltar and her apartment is provided by her employers so the rent is subsidised so anything she needs for it i.e. furnishing her employers provided. But as far as I know she plans not to come back to England.

When we lived together we rented a council house. I no longer live there but am renting a private house.

We were only married for 18 months before we separated. Dose it make a difference if this is my second marriage as I provided for 2 Children from my first marriage. In this second marriage we did not have any children. My wife is 40 I'm 6 months of being 40. I have an occupational pension and I think my wife does.

Hope that helps a bit more.

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02 Aug 07 #1709 by Fiona
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