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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?

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Dukeys advice new thread- fair offer?

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28 Aug 12 #352339 by dukey
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Again valid questions from Ruth, best answer them.

A couple of points i would make.

After child maintenance spousal maintenance is very unlikely.

Courts are far from keen on pension sharing orders with young people, that said as an officer when would you expect to retire, i know pensions and retirement dates are in a state of disarray but tell us right now when would be the expected age to retire.

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28 Aug 12 #352345 by Fiona
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The priority is the welfare of children, in particular keeping a roof over their heads. Therefore the starting point is researching local property prices and mortgage raising capabilities.

Would your wife be able to meet the current mortgage payments? Alternatively would she and the children be able to downsize to somewhere more affordable? If neither option is a possibility and the former matrimonial home has to be sold you would need to know what effects any capital would have on state benefits. There is no point in your wife having the all the equity if she would then not be entitled to the benefits.

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28 Aug 12 #352346 by mbird
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I would probably retire at 55 or 60 I am not sure Dukey.

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28 Aug 12 #352348 by mbird
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Yes she would if she went bakc to work Fiona, but she is unlikely to do that until after the divorce or she would lose entitlement to legal aid. She has already stated she intends on going back to work.

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28 Aug 12 #352351 by mbird
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Incidentally she when working, nets 2200 a month

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28 Aug 12 #352352 by dukey
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In some situations where assets are very limited and pension shares are of little real use judges can order capital payments be staged so as to not adversely effect benefit entitlement, though its true some judges are loathed to even suggest this, public purse and all that.

Even if the judge was to say at FH award a pension share at the OP`s age he would recover the loss before retiring, i suspect given respective age and the fairly low value CETV the judge at FDR is unlikely to offer the suggestion at FDR.

If i were a betting man i would gamble your FDR is listed for no more than a couple of hours, how far off am i?.

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28 Aug 12 #352359 by mbird
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You are right dukey. However there wasn''t an FDA, this was adjourned with agreed Directions as they didn''t file form E till day before.
So are you saying on the surface this looks like a good offer? Do you think her solicitor would advise accepting? Thing Is I know she wants to drag this on and on and push for actuary report I can''t afford.

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