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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.

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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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financial implications

  • isisdave
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02 Aug 12 #347052 by isisdave
Topic started by isisdave
My partner left recently, and took our 4 kids. We were not married but have lived together for ten years.
She says shes not coming back and shes keeping the kids. Which is heartbreaking for me.
Does anyone know what the likely finacial implications are for me.
Is there anything i nedd to look out for?

  • hadenoughnow
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03 Aug 12 #347096 by hadenoughnow
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There is child maintenance which AFAIK is 25% of net income for three or more children. This is not negotiable.
Then there is the question of the house ownership. Is she on the deeds? If you are joint owners and there is no deed of trust setting out shares then it is a 50:50 split.
If she is not on the deeds she may be able to claim beneficial interest. Use the search bar at the top of the page to find out more.she could also use the children act to allow her to remain in the family home until the youngest is 18.

Hadenoughnow

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03 Aug 12 #347100 by isisdave
Reply from isisdave
Thanks for reply. She is not on deeds. she has left the area too. I thought if we were not married, then she had no claim?

  • hadenoughnow
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03 Aug 12 #347108 by hadenoughnow
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She has no automatic right to a share. However she could use the children act to house the children or could claim she is entitled to some of the equity because of contributions and intentions. (This is a v simplistic explanation - you do need to look up beneficial interest).
Of course she may do neither.

  • hawaythelads
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03 Aug 12 #347110 by hawaythelads
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Best move Dave sell the house quick and turn it into cash before she slaps an interest on the house with land registry.
She''s already fecked you over with the kids no point in it being in your pocket as well.
All the best
HRH x

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03 Aug 12 #347115 by isisdave
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Yes i will, it seems best to assume the worst, as at every junction,she always seems to do the thing that you would least want. Thanks

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03 Aug 12 #347121 by hadenoughnow
Reply from hadenoughnow
As you were not married she cannot register matrimonial home rights which is, I assume, what haway was referring to.
I am not sure selling would head off a beneficial interest claim because the interest would be in the equity and not the actual property.
As I said, she may do nothing. If she has moved away and is adequately housed then s claim under the children act is less likely.

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