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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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ancillery relief and beyond.

  • mikeyt110
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02 Apr 07 #29 by mikeyt110
Topic started by mikeyt110
After the shock of finding out my wife was cheating on me, and the subsequent marriage breakdown, we are now going through the process of ancillery relief, with a view to getting divorced with the 2 years seperation.

my circumstances are as follows.

I have been married for 3 years before my wife moved out.

We have a 2 year old son, who we have agreed will be looked after jointly between us - therefore spends in total 7 days at mine and 7 days at hers over a 2 week period.

I earn more than my wife, being £24,000, while she works 30 hours a week, earning £13,500.

The equity on the house at the time she moved out was £24,000.

At the time she agreed that £25,500 (minus £200 of the £400 it cost me to remortgage) would be a fair settlement between us to cover the equity in the house and the contents.

I remortgaged at the end of December and put this money into an account while I went through the solicitors to sort out the ancillery relief section, and provide full disclosure. In the meantime, she has been claiming the working tax credits that she is currently entitled to do, and splitting this with me - as I look after our son exactly half of the time.

The equity on the house was taken from valuations I had done in November 06, after she left in October 06 - she has since said that after 6 months, the valuations must be re-done, as they are now out of date. And she has gone back on the agreement to pay the £200. And on top of that, she is demanding half of the interest that this £25,500 has made over the 3 months it has been in my account.

Basically, if I agree to pay her what she want's now, and she says that she has no further claims to any of my money, house, car, pension etc, how true is this?

Can she come back for more money in 18 months time? - we will then have been seperated the 2 years.

Will I have to pay her spousal support?

Would it be easier to change, and go for a divorce on the grounds of her unereasonable behaviour? I can't prove adultery.

Any help with this matter would be greatly appreciated.

And can't divorce seem so unfair - especially when you're not the guilty party!?!?!?!?

Thanks

  • wikivorce team
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02 Apr 07 #30 by wikivorce team
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mikey,

You seem pretty close to agreement with your wife, so do not let a couple of hundred pounds difference delay agreement on an amicable deal.

Her extra demand for 1/2 the interest is also nothing to fight over.

You should be far more concerned with making sure the agreement is formerly approved by the courts. If you do not do this then she could very easily come back later with an additional claim for spousal maintenace.

So write down the deal as you understand it, get your wife to agree to what you have written.

Then take it to a solicitor to get drawn up as a Consent Order (this may cost a couple hundred or more quid) but you need it to be done.

This formal document will then have to be approved by your wife and her solicitor if you have one. Then it must be submitted to the court for them to add their seal of approval - then you have protected yourself from a future change of mind by her.

As she earns more than you then she has a claim for spousal support - but my understanding of the deal you are trying to reach is that you are giving her capital (the 25k) in place of spousal support. If so you need to et the Consent Order signed so she has confirmed her agreement to take the capital and accept zero spousal maintenance.

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