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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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Help please

  • whoknows121
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14 Apr 12 #323615 by whoknows121
Topic started by whoknows121
hello

I am new to this so not sure where to post sorry!

Situation married more than 10 years. No children. Separated for a few years and have been in debt never made ends meet. Am now on benefits owing to sickness.

My questions are:
1. Would I be entitled to spousal maintenance
2. My spouse has acquired many expensive assetts during our separation and this could include property (not 100% sure) and has not contributed in any way towards bills or anything since splitting.
Would these new assetts be considered in the event of divorce as part of maritial assetts?
3. My husband took of with our savings of which he has refused to help out in any way hence my escalating debt being unable to work.
4. Would my debts be considered and work against my possible spousal maintanence - should I rather consider a form of bankruptcy prior to divorce or after?

I have used the calculator but do not understand why there are 2 different amounts showing one larger than the other when it comes to maintainence. Please could someone tell me and explain.

Thank you all for helping me out as I navigate my way around here.

  • dukey
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15 Apr 12 #323852 by dukey
Reply from dukey
1. Would I be entitled to spousal maintenance

This depends on how long you were married if you have children how long you could be ill and most importantly if your ex can afford to pay the money you need.


2. My spouse has acquired many expensive assetts during our separation and this could include property (not 100% sure) and has not contributed in any way towards bills or anything since splitting.
Would these new assetts be considered in the event of divorce as part of maritial assetts?

They can be yes, generally the longer you are separate the less they will be considered marital, this is a grey area of law as many on wiki will know, Rossi v Rossi springs to mind.


3. My husband took of with our savings of which he has refused to help out in any way hence my escalating debt being unable to work.

Again it will be considered, much depends on the circumstances of the marriage, how much was taken and how long you have been separated.


4. Would my debts be considered and work against my possible spousal maintanence - should I rather consider a form of bankruptcy prior to divorce or after?

Debts generated post separation tend to stay with the partie who generated them, but there are many exceptions for example if you have a child/ren from the marriage and the debt exists because you needed the money to live.

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