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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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the initial step

  • simply mark
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29 Aug 07 #2588 by simply mark
Topic started by simply mark
i need to move out of the home - we are going to rip each other apart otherwise. i take full responsibility and that is part of the problem in terms i do not want to leave my ex2b in the lurch.

i need about £1800 per month plus £1000 from our savings to move out. i take home 2800 and my ex2b 550 [although she could earn a lot more] and we have about 10000 in savings. there is a mortgage on the house but the lenders will give us a holiday. the house is worth 200000 on a 50000 mortgage. there are no children and we have been married 26 years.

how would it look at a later date [in courts] if i just left and took £1800 +1000? i must admit i would be happy for the ex2b to have the rest e.g. house and savings as long as i had a Clean Break divorce - if there is such a thing.

  • DownButNotOut
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29 Aug 07 #2593 by DownButNotOut
Reply from DownButNotOut
As long as the money is spent on the mundane necessities of life (rent/bills/food/moving costs/modest new furniture etc) you will have no problem.

Don't waste it on plastic surgery or a brand new cabriolet.

As for the monthly spending....if she is unhappy with the amount you voluntarily give her each month while the divorce is going on then its up to her to apply for 'maintenance pending suit'. So just avoid being overly tight and she will have no real incentive to go for MPS.

Whether the 1800 for you and 1000+550 for her is the right figure i don't know - depends on your respective outgoings. But it sounds pretty reasonable.

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