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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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New spouse''s bank accounts Form E''s

  • cas50
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04 May 12 #328411 by cas50
Topic started by cas50
As the spouse of someone getting divorced, do I need to provide any details of my bank accounts or savings in my partners form E''s?

  • LittleMrMike
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05 May 12 #328507 by LittleMrMike
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This is, or can be, always a bit of a controversial subject.

You know, I assume, that your own income and assets can''t be attacked directly. Your assets are safe, and you can''t be ordered to pay maintenance directly.

But the fact that you might be in a position to pay some of the household bills may have the effect that the Court might make a more severe order against your partner than it might otherwise have done.

So if you have a situation where your partner is paying spousal maintanance, or might be ordered to do so, the Court needs to know something about your financial situation even though it couldn''t make an order against you directly.

So if the Court needs to have this information, it should have some way of getting it. But if there is no way of forcing a new partner to reveal his or her means, then what is the Court to do ?>

The danger is that, without information, the Court may simply make its own assumptions, and those assumptions may be too generous. The new partner may have debts and might not be able to afford to contribute much. She may be struggling and if this is the case there might be some advantage in the new partner disclosing her finances.

Or perhaps, I have wondered whether the NP could make a formal admission that she is in a position to contribute half the household expenses - if that is a true statement.

It''s one of those areas of the law which needs some thoiught and clarification.

LMM

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05 May 12 #328508 by wazo
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If your the spouse of someone getting divorced that''s bigamy.

  • WhiteRose
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05 May 12 #328521 by WhiteRose
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Waso, I think the OP is using the term ''Spouse'' as ''Partner''.

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