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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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Agreement different from legal entitlement

  • echo3
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23 Sep 07 #3817 by echo3
Topic started by echo3
Hi,

Can someone tell me what happens if the two partners agree to a settlement that is different from the legal entitlement?

I entered my marriage 4 years ago with more equity in my house than we have now (about 100k), my wife was in debt (only 6k). I paid off her debts in good faith when we married, but she continues to spend more than she earns, despite not having to contribute a penny in bills (I pay mortgage, bills and childcare costs). My net earnings are approximateley 2.5x hers.

We have been in sperate rooms for the last 12 months, and I think I can get her to agree that point as being when things broke down for good. The previous two years had also been really poor and we had sessions with relate to no avail as far back as 2005.

She agrees that taking half my pension is unfair as I was 33 when we married, and quit the job to go self employed last year. The bulk of my pensions contributions were made prior to our marriage.

We have two young children so I have no problem splitting the house 50/50, despite the fact the equity in the house is the same that I had solely when we married and yet her debts have been cleared (although she is building up more!). My wife says she doesn't want half the house, but I am worried about the kids and want them to have a fair sandard of living. I'm happy to pay the CSA rate for child cupport.

I do have a probelm with the idea of paying spousal maintenance for the rest of my life for a crap marriage that only really lasted 18 months. We only married to try and give a more secure future for our child (she was pregnant when we married). Is it too late now to annull? I undestand that as I earn 2.5x more then I will almost cetrainly have to pay - is this right?

I also have a problem with her getting half of some money I inherited. We have agreed in principle that we could put this in trust until the children are 18. Is this allowed? The money (£50k) came from my parents last year, when the marriage was already firmly on the rocks.

She is not being greedy, but what she is legally entitled to seems way over the top. I'm also worried that she will change her mind once we split (we're still in the matrimonial home). She is in psychotherapy and has "issues", spent the last 10 years on anti-depressants, so is not very stable.

The divorce calc on here suggested that I would have to pay my wife 60% of the house and £600 a month, which on top of the £450 a month child support is a total joke.

thanks,

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