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What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.
The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.
A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.
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.
I think they will look more at todays situation than the situation 5 years ago.
Does the court look at the finances from 5 years ago? Or as of today? She since went on to make 40k in property deals.
Yes they will try to infer what value it may be.
She has her own personal pension fund and has been ordered to provide the CETV value but so far refuses. Will they take an inference from that?
They should not take your income of assets into account [ie she could not claim any of them, but they will consider how your relationship impacts your husbands outgoings (i.e. if being with you saves him money cos you pay some of the bills that could be considered). But her needs will come ahead of you and your kids (i.e. the court may well take the view that your husbands first responsibility is to his ex) However as she has a new partner that helps your cause.
Will they take me and my children into account ?
No - they can only share out the assets that are currently available - they cannot ask you to take on a loan to pay an award larger than the current assets.
Can the courts order us to take on more debt to pay any award?
If she is working and has a new pension and has a new partner it seems unlikely that your husband will have to pay spousal maintenace unless he earns lots more than her - perhaps 3 times more.
Will my husband be ordered to pay her maintenance? even though she has maintained herself for 5 years?
We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors.
Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.
This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.
Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.