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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.


Separated 6 years ago, financial responsibility?

  • gmichaels
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06 Aug 12 #347626 by gmichaels
Topic started by gmichaels
Hi,

My wife and I parted company over 6 years ago due to an affair which I did not contest. At that point I had no assets.

My father is now very ill and mother is also not as healthy as she was.

I have divorce on my mind as I would not like my children to have to split their inheritance with their Mother/My wife as I do not believe that to be fair given the years separated.

Any advice please?

Graham

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06 Aug 12 #347644 by WYSPECIAL
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Bear in mind asset split is at the point that a court is asked to look at it so if your financial position is strengthening the longer you leave it the more you will probably give away.

Until their is a Clean Break order either of you can come back at any time for more.

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06 Aug 12 #347660 by gmichaels
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I wish it were that simple. My wife will be holding out for as long as possible, I could not imagine an amicable settlement at this current time.

I am in debt for maintenance for a few thousand as I had to take half-pay at work due to the extremely bad economic conditions. My wife would obviously be seeking to reclaim this debt plus interest.

If I were to pursue a divorce now, it will be a battle. Would an online service really be able to assist?

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06 Aug 12 #347667 by soulruler
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Have your parents written wills and if so at which point in time were the wills written and who are the named beneficiaries of the will?

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06 Aug 12 #347669 by gmichaels
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At this current time my Mother will be the sole beneficiary when Dad goes, which looks imminent as he is very unwell in Hospital. I have two boys, 17 and 19.

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06 Aug 12 #347674 by soulruler
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My understanding and I have been going through very protacted Ancillary Relief proceedings followed by many claims by my ex husband (I divorced him just over a year after he left me and moved in with his girlfriend - btw he did contest that he was having an affair but subsequently married the lady last year) is that even though you are not actually divorced your spouse cannot attempt to claim as a marital asset assets that may come to you as a gift or inheritance or attempt to divorce you once you receive the inheritance stating that they are marital assets if you receive them up to three years before the marital breakdown.

Also your wife having accepted that the marriage is over (you do not state whether you or she had the affair but as you are married I do not believe it is relevant) and you have been separated for 6 years she can hardly say when you had no assets at the point that you split and therefore is presumably supporting herself that she is now due a chunk.

You also say that your mother is the sole beneficiary of your fathers estate on his death - so I assume that there is a will.

Is the maintenence you are behind on maintenence for your wife or maintenence for the children?

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06 Aug 12 #347681 by Fiona
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It makes sense to divorce and settle the finances sooner rather than later. Every case is different and inheritances aren''t black and white.

After 6 years you can divorce on the basis of 5 years separation without the consent of your wife. There is no reason why you can''t do this yourself all the forms you need are available to download from the Ministry of Justice website or you can use an online service if you don''t want to spend time doing some research and filling in forms.

The finances are more complicated but if your situation is straight forward you can do it yourself too or just consult a solicitor for the financial side.

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