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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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will partner income be included

  • stillhappy
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04 Sep 07 #2830 by stillhappy
Topic started by stillhappy
Hi

Am seperated 2 years and have 2 kids 9 and 12. We both have houses with mortgages and both have partners.
My partner is moving in with me soon and my question is

- Does my partners income get taken into account during the divorce? Either CM or SM?
-Can my partner contribute her equity into my house without it being touched by my ex during divorce.

My salary is £44K my ex is about £18K+credits and £6K child maintenance from me

I have no problem with my obligations but have heard that partners can get taken into account.

Thanks

  • DownButNotOut
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04 Sep 07 #2831 by DownButNotOut
Reply from DownButNotOut
Partner's income is not taken directly into account...no direct claim can be made on it.

But having a partner with an income reduces your needs (cos she can help pay bills) so if your case (like the majority) comes down to splitting assets and awarding SM based on needs of you vs needs of your ex/kids...then yes it can make a difference.

Make sure she is not supporting you...let her use her money for holidays/treats etc...keep your own costs (bills/mortgage/food etc) high - otherwise you reduce your 'needs' and reduce your share of the assets and your share of your own ongoing income.

Re: partner putting money into your property...erm I would avoid that for now....Louise11 may have something to say on this as she is a new partner who put money into a property and is now fighting hard to protect what is hers from her hubbies ex-wife who wants whatever she can get of it....wait til after Ancillary Relief proceedings are done and you have a Consent Order in place before you go ahead with her putting money into your property.

  • Liago
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04 Sep 07 #2832 by Liago
Reply from Liago
I absolutely agree with downbutnotout.

You have to state your living arrangements on form E. Is there any reason you need to live together before you sort out ancilliary relief? If not, it would be better to wait until an agreement is reached to avoid things potentionally getting complicated and messy.

  • stillhappy
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04 Sep 07 #2834 by stillhappy
Reply from stillhappy
Thanks for advice.

It's not that we need to live together, we just want to. my ex will not go to a solicitor and is in no rush therefore it could be a year before all finances are sorted. I am not willing to risk a good relationship just for extra cash.
that said i want to minimise my partners involvement from a financial aspect. Mortgage, bills and insurances are all in my name and paid from my account.My partner has own place but some distance away which she still has mortgage etc on.

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