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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.

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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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any advice plz, its my first time

  • shar10
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17 May 07 #292 by shar10
Topic started by shar10
Hi, ive been with my hubby 11yr, married 9. He left 6wk ago and is at his mums. Hes told me hes seeing solictor, even though last wk he wasnt thinkin of divroce or didnt know if he would feel differently!. Anyway, heres the situation and i wonder if anyone can offer advice. We have 2 children 14 and 10, the 14yr old isnt his but hes brought him up since 3. We have a 135k home, 37k outstanding on mortgage, which im livin in the house, but at the mo hes payin the same money he did b4. He has his own business, which he makes about 35k, im at uni n dont work at all. Can a solictor tell him to stop my money, can he ut me on bloody benefit and what am i looking at comin out of this with.
I dont want divorce, would rather sort it out, can i contest a divorce, if so where does this leave me. Im worried what he will get advised. Im making my own app also just for free consultation.
Sorry for goin on, my head is battered

  • wikivorce team
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18 May 07 #297 by wikivorce team
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Shar,

Sorry to hear about your situation. I hope we can help.

On the first point there is not a lot you can do if he is determined to go through with the divorce.

Unreasonable behaviour covers a wide range of things and many people are able to conjure up a solid sounding set of unreasonable behaviour points even when to you and me there was nothing really that you would not find in 9 out of 10 marriages.

If he is not able to convince the court about your behaviour then he will have to wait 2 years to divorce in grounds of separation.

On the positive side. The law in the UK really looks after the lower earning mum with kids to care for. So you can expect a fair settlement with a fair share of the assets and that he will have to support the kids and you via maintenance payments until you are able to earn enough to support yourself.

The home has a low mortgage and so there is no reason you should lose the home. You will most likely be able to stay in it until kids are at uni - then you may have to sell and split the profits with your ex.

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