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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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Asset Division

  • solarcarrot
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18 Oct 07 #4873 by solarcarrot
Topic started by solarcarrot
My wife and I seperated and I agreed to move out to rented property, I agreed to return only with her permission and to be supervised, the condition was I retained a set of keys. She has changed the locks on the property and I am not happy about this, I tried to be civil but this and other incidents involving non molestation threats based on lies has soured the split.

I left with nothing, does anybody know what I am entitled to regarding the assets in the house, she is in the matrimonial home with our 2 children I pay full CM and voluntary SM but have no furniture in rented place. We have some very new expensive wardrobes, am I entitled to take half of these and half of anything else? How does this all work? I want to play fair but she is making this impossible and I need to make a point and hang my shirts up at the same time!

Thanks

  • TMax
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18 Oct 07 #4874 by TMax
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1 My understanding is, she is not allowed to change the locks.
2 you can ask the police if they could attend with yout to collect items

Im know there are a few on here who can advise you better so keep dropping in and checking, this is a great place to be share your thoughts anger emotions we are all either going through it or been through it.

:-)Be well

  • mike62
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18 Oct 07 #4875 by mike62
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solarcarrot,
Did you have any sort of schedule of what the marital assets were before you moved out? My STBX has a serious shopping problem and I am determined that she lists absolutely everything she plans to take next week when she leaves, including her clothes and shoes, as they represent a huge percentage of the overall asset pot. She has been wasting money for a long time. I plan to use that list to calculate her percentage split of the marital assets when the time comes to deal with the finances. If nothing else it will also serve as a comprehensive document for insurance.

So much for amicable? :woohoo:

Mike

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18 Oct 07 #4877 by solarcarrot
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Thanks Max, yes been here 4 weeks so far and got some really good heads up from the sensible and rational people that post here, has really calmed me down a few times although her solicitor keeps winding me up trying to get me to bite, her solicitor advised her to change the locks and I think they are looking for a reaction, they won't get it

  • Sera
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18 Oct 07 #4882 by Sera
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Don't be provoked by her aggressive solicitor. To change the locks is taking the Law into her own hands, as I was lead to believe when my ex tried.

If it goes to court, it may be decided that she stays put, for the kids sake, especially since you are now renting elsewhere. However, she may now twist that into 'Abandonemnt' (by you), and therefore, may be allowed to change the locks. ????

  • madaboutcars
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18 Oct 07 #4886 by madaboutcars
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I was led to believe that if you joint own the property, then she "legally" shouldn't be able to change the locks but if she does then you are "legally" allowed to gain access with minimal force. You cannot be arrested for gaining entry to your own home.
Think thats right but see if anybody else can shed any light on the subject.

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18 Oct 07 #4887 by solarcarrot
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Thanks madabout, yes that is right but the problem I have is her solicitors keep threatening me with a non molestation order based on lies from her, if I do this it could be construed as intimidation and therefore help with this application, I never intended to enter the property, from my side I want to be civil and amicable, so the idea of doing a supervised visit and taking anything I am entitled to whether I use it or not sounds my best form of defence.

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