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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.


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No shared finances?

  • jslgb
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31 May 12 #334397 by jslgb
Topic started by jslgb
Hey,

I''ve been reading quite a few threads about finances and forms and not sure if any pf that applies to me. Stbxh and I never bought a house (thankfully!!) or have joint loans etc. We both have debt from the marriage in our own names. Stbxh pays CSA although doesnt declare one of his jobs so it doesnt come to much. I''m in FTE and just about staying afloat.


So, in a nutshell, do our finances come into the divorce at all?

I would like to request additional help to pay towards our daughters school costs and swimming lessons as £30 a week touches nothing and between him and his gf they have 2 1/2 decent wages coming in and i dont have any, not to mention that stbxh pays for bare minimum towards daughter and only in terms of xmas and birthday gifts, nothing else.

Can anyone shed some light on how this may play out? Its very early on in the divorce, waiting for stbxh to respond to solicitors initial letter to agree grounds......

Cheers

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01 Jun 12 #334471 by jslgb
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Bump!

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01 Jun 12 #334476 by hadenoughnow
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So there are no assets of the marriage in sole or joint names? Is that correct? No pensions, savings etc? No property?

Would the debts be classed as marital debts? If that is all there is then it is the debts that would need to be split.

As far as extra cash for a, his only obligation is to pay csa rate. If that is only 30 a week, then it does not sound as if he is in a position to pay spousal maintenance.

Have you made sure you are claiming all you can in tax credits etc? Have a look at entitledto.com.

Even if you are both fine with paying the debts etc, you will need a legally binding agreement re finances to prevent any future claims.

Hadenoughnow

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01 Jun 12 #334479 by jslgb
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Thanks for your reply.

Nope, no property, pensions or savings! What debts are considered marital debts? We have utility bills he didnt pay, hire purchase, personal loans etc but as i said before, none in joint names. Only pays £30 a week as he has another daughter who gets 10% and doesnt declare £160 a week wages for cash in hand job!

I already claim full tax credits etc. Just dont want the divorce process to take any longer than necessary!!

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01 Jun 12 #334481 by hadenoughnow
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Marital debt would be anything that benefited you both during the marriage regardless of whose name it is in. It would not include debts relating say to a personal hobby.
Sounds like you just need to agree how the debts are to be divided. If you can agree, a consent form can go in as soon as you have a Decree Nisi. This should not delay the divorce process at all.

Hadenoughnow

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