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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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  • feltflower
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20 Sep 12 #356891 by feltflower
Topic started by feltflower
Can someone help me on how the courts look at the parties needs?

I want to keep kids in matrimonial home - home is 4 bed and I have 3 kids so that seems reasonable but it is TBH a bit too big and rather grand for Absolute needs. However it is ''a wreck'' so not worth that much on valuation . To move and buy similar 4 bed in decent order in area would release maybe £50 - 80K for distribution between us after costs of sale and purchase however.

I am in a position of being able to keep house (as I have v good mortgage capacity) and offer H enough cash to put 40% deposit on small three bed in the area and he has earning capacity to get mortgage for rest. He does not work now however (sort of out of choice) so he will have to rent for the time being.

This would mean I am in considerably larger property. He would be in small 3 bed and me in large 4 bed. Would courts see this as fair? If I were to sell house he could get something a bit better but not much as a 4 bed goes up in price quite a bit.

Other factors that might be relevant?
- I would always be in a better housing situation as I can stretch to large mortgage - even if we sold the house.
- I am the primary carer but hopefully the kids will stay with him every other weekend and once in the week
- the matrimonial home has a large mortgage which I pay (no contribution from him)
- he will not pay any maintenance for the time being as he is not working at the moment. This could continue for some time and in any event it is likely that I will always pay the majority of care as it is unlikely that his salary would ever match mine.

Thanks for any advice you can offer

  • maisymoos
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20 Sep 12 #356919 by maisymoos
Reply from maisymoos
Hi More details would be needed for anyone to advise

length of marriage including cohabitation
Respective Ages
Ages of Children
Assets including equity in property, shares savings etc.
Respective incomes including benefits
Respective pensions
Any debts

How much does an average 4 bed house cost in your area? How much is the value of the FMH?

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