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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


House

  • Mrq
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16 Apr 12 #324123 by Mrq
Topic started by Mrq
Hi All, been seperated 3 years now and my ex has been a pain since day 1 granted it was me that left for another woman, anyway the reason I am here. I was willing to let my ex stay in marital home until kids reach 18 then sell it and split profit 50/50 (at moment there is over 100k equity in property) I told her at christmas I was sick of arguing and to get a agreement drawn up stating what we had agreed, since then she has decided to take me to court for property. Could I get a court to sell house giving us both a Clean Break and enough cash for a deposit on another house or for log term rent.. I have joint custody of the children and have them half the time (10 year old twins). I rent a 3 bed house which is soon to be sold so I need to find another property. I am self employed and work is scarce at the moment so need my equity out asap. My ex is in full time work and claims all child benefits and work family tax credits and I still pay maintenance as stated by csa. I also pay for most clubs both in and out of school. Any advice would be great. Thank you. Also it was the sale of my 1st property which was set up as a 21st b/day present which paid deposit and lots of work on current house thus upping its worth

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18 Apr 12 #324704 by TBagpuss
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It depends. If the hosue were sold, would your ex also be able to ue her share of the capital to pay a deposit or rent somewhere?

If the childnre split their time 50/50 have you considered proposing that you ach claim child benefit and tax credits for one child, so that the finacial cost of caring for the childnre is more evenly split?

The original depoist and the work on the house are unliekly to be relevent.

How does your ex''s income compare to yours? Is her earning capacity higher / lower or similar? that is also relevent to whether the assets should be solit equally or unequally.

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18 Apr 12 #324725 by Mrq
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Hi Tbagpuss thanks for your reply. Yes she would walk away with at least 50k. At the moment she earns far more than me and as for splitting child benefits she would never agree to that

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