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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 selling and buying new property

  • tuesday123
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24 May 12 #332771 by tuesday123
Topic started by tuesday123
Hello, if my separated spouse and i sold the MH (but don''t get divorced at this stage), and i buy a property in my own right, can he claim half of that property too, as we are not divorced. Hope that makes sense. Many thanks

  • Fiona
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24 May 12 #332791 by Fiona
Reply from Fiona
All the assets held in sole and joint names the time of the divorce settlement form the matrimonial pot to be shared. If you want to sell the former matrimonial home before divorce you should at least seek advice about drawing up an agreement. Although not binding an agreement would carry considerable weight should there be problems later on.

The disadvantage of an agreement is that you will still need a Consent Order later which will be extra cost. That might be money well spent if it avoids inflaming the situation by divorcing when emotions are still raw.

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25 May 12 #332988 by tuesday123
Reply from tuesday123
Many thanks for advice. Regards to you

  • Bernie58
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25 May 12 #333008 by Bernie58
Reply from Bernie58
My ex bought a house after we separated but before divorce.Our divorce went to courtover finances and it was ruled that this house was not part of the marital pot as it was acquired post separation

  • hadenoughnow
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25 May 12 #333012 by hadenoughnow
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Bernie, where did he get the money from for the house? How Lo.g was it between separation and divorce?

Hadenoughnow

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25 May 12 #333016 by Fiona
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Bernie58 wrote:

My ex bought a house after we separated but before divorce.Our divorce went to courtover finances and it was ruled that this house was not part of the marital pot as it was acquired post separation


If your husband bought a new property with money he earned through his own efforts after separation rather than using an asset originating in the marriage (proceeds from the sale of the FMH) it would be different.

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