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What are we each entitled to in our divorce settlement?

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Consent Orders

  • ariesgirl63
  • ariesgirl63's Avatar Posted by
  • Premium Member
  • Premium Member
16 Oct 07 #4802 by ariesgirl63
Topic started by ariesgirl63
Can I ask for the benefit of your experience and knowledge please?

My partner is about to start divorce proceedings after 2 years separation and he has maintained a very amicable realtionship with his X2B. It will be a DIY divorce as they are agreed on childcare (youngest 16) and all things financial and neither can afford to engage solicitors.

Their situation is briefly as follows: -
Him - 49 years
X2B - 50 years
Marriage 23 years
His earnings £26K pa
X2B earnings £7K (in low paid job but loves it and won't change to try and earn more). Approx another £6K received pa in tax credits and child benefit.
Children - 20 years (at home but working f/t) and 16 - in college. The youngest spends 3 days/nights per week with us.
matrimonial home value £150K (no mortgage) and X2B lives their with 2 children. X2B was also left approx £3K in bank account.
Him - small pension provision of 14 years (CETV not yet known)
X2B - very little pension provision (approx 8 years worth before she gave up work for children). She has been in work for approx 5 years but has made no contribution to a pension to date.
No other assets or liabilities to speak of.

Him - now living with me in new property in which I paid deposit of £30K, Mortgage of £1050 pm and my 3 dependent children living with us.

My partner and his X2B are agreed on the following settlement:-
He signs over 100% of his interest in the matrimonial home (worth £75K) and 20% of his CETV. No child maintenance as youngest spends nearly half the time with us. Though he does contribute to coleege expenses. Youngest claims £30pw EMA.
X2B is more than happy with this settlement. She is in long term relationship but has no immediate plans to cohabit or marry.

I want my partner and his X2B to obtain a Court Order so that we can move forward in the knowledge that she will not be able to claim against us in the future. My partner and I hope to marry at the end of next year and I would like this all settled before then. Will a Court see this as a fair settlement? If not, will the Court stamp it if both parties confirm that this is what they want?

Any comments would be gratefully considered.

Many thanks

  • themindboggles
  • themindboggles's Avatar
  • Elite Member
  • Elite Member
17 Oct 07 #4825 by themindboggles
Reply from themindboggles
I would say if your partner is able and willing to settle at this then he should do it because the other route can be a long and painful and extremely costly journey. He sounds very mature, all to often splitting up ensues one or both parties are completely unresonable in their expectations, or try to stitch the other one up and al;l that happens is both get stitched up by the legal process.

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