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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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Dukeys advice new thread- fair offer?

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28 Aug 12 #352360 by WhiteRose
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mbird wrote:

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.


I hope she is aware of the Statutory Charge. Her legal fees are not ''gifts'' but loans she must pay back - usually from her gain from the financial settlement.

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28 Aug 12 #352362 by mbird
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You are so right, but because she isn''t physically paying it now she doesn''t care. She thinks she is going to get hundreds£s of sm etc and has told me she will drag it out as long as poss. She is insanely jealous and on a crusade to ruin our lives....

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28 Aug 12 #352364 by dukey
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I see little reason to involve an actuary for a pension with such a small CETV and your age.

This can go one of two ways.

The judge thinks the offer is reasonable if a nominal order is awarded, probably based on the fact that not working is an attempt to secure a more favorable outcome.

The judge takes most if not all of your pension based on such low assets.

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28 Aug 12 #352367 by WhiteRose
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mbird wrote:

You are so right, but because she isn''t physically paying it now she doesn''t care. She thinks she is going to get hundreds£s of sm etc and has told me she will drag it out as long as poss. She is insanely jealous and on a crusade to ruin our lives....

Problem with that attitude is that she could very possibly (highly likely) ruin her own :(

Could you let us know how it pans out, please.

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28 Aug 12 #352372 by mbird
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Sorry dukey, please forgive my ignorance, what is a nominal order? Would that happen at fdr? Also what do you mean about my pension? That she gets it all?
White Rose will def keep u guys updated. This site isy lifeline!!!

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28 Aug 12 #352375 by dukey
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Sorry the post was cut short (the job that pays the mortgage keeps getting in the way)

Spousal maintenance comes in a number of guises one of which is a nominal order which you don`t actually pay, often you are ordered to pay say .50p per year, all it is, is a door the parent with care can open at a later date should it become needed, so she can ask for money to help while the kids are still young, lets say if she became ill and could not work, think of it as a safety net nothing more.


All or not all, much depends on who the judge thinks is telling the truth, she does not work assets including the pension are meg re, if the judge thinks she cannot work for good reason s/he may give the lot to her safe in the knowledge you will recover from the loss in a few years.

If on the other hand the judge thinks actually she can work and will and actually earn more than you do, then the judge may agree 100% of liquid assets to her with a nominal order, which is less than what you offer right now, one reason this may happen is your both so young, retirement age will be important though, and of course what pension provision she has if any.

None of this can happen at FDR, orders can only be made at a final hearing, but do listen to what the judge has to say at FDR, which is why i asked how long it was listed for ;)

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28 Aug 12 #352384 by mbird
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You are amazing, FACT !!
I was hoping though you would say her solicitor would probably tell her to accept :-(
Do you think I should offer more then?

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