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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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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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Re-marriage pre nup

  • Sera
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20 Oct 07 #5002 by Sera
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I'd seriously suggest that if there was no Financial resolution (from his first marriage) That he deals with that closure - before he starts again. I don't know how either of them could gaurantee that the X-Factor couldn't make a claim in the past?

The case the newspaper reported was from a divorce in the 1970's! And that poor old dear stands to lose her house!

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20 Oct 07 #5003 by themindboggles
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Yes i agree but he darent even contact her and put the notion in her head. Also his fiance would rip off anyones head that tried it on and certainly wouldnt cough up her hard earned dosh. My friend and fiance also have 2 kids if that makes any effect. I'd have told your mate to tell that ex to noboff.... some people eh

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20 Oct 07 #5006 by Sera
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A new wifes income can be taken into account by the CSA, so no amount of telling that X to nob-off worked! There was also the emotional blackmail of 'we can only afford to live 400 miles away in Carlisle now' (followed by, "if you don't agree to more money, you'll not be in proximity to see your daughter")

I'm just warning you of the risks! Most divorces now are for a 'Clean Break', to counteract any future claims. If that wasn't the case, then don't be surprised if when she got to pensionable age, she might re-open such a case against him.

Fine if neither of them want to bother with it. Their choice! (I'd not sleep at night with the worry!) I'm not sure how a Pre-Nup with each other would affect an ex's rights?

If he dealt with it now, (when he has nothing), then there's nothing for her to claim. I imagine done-and-dusted quite quickly!

I'd be more concerned with clearing up un-finished business from the past.

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20 Oct 07 #5018 by sexysadie
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New partners' incomes are no longer taken into account by csa.

Sadie

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20 Oct 07 #5029 by themindboggles
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Thankyou for your replies and i agree they should finalise financies even after such a length of time however, i think doing it this way is also a good idea, the kids are my friends and his fiance's so anthing would protect them 1st im sure (althou the law really is an ass in this country) also i have read up somewhere that the law even in disputed CO protects New partners assets but im going to advise my friend best speak to a solicitor.
TMB

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20 Oct 07 #5043 by LittleMrMike
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themindboggles

Unless I have missed some great truth, a pre-nuptial agreement would be a waste of time and expense.

It could not bind your friend's ex as she would not be a party to the agreement.

Your friend's ex could not in any event make a claim against his new wife's assets. The Court cannot redistribute the income or assets of third parties.

The only effect it would have on your friend's fiancee would be indirect. Her contribution to the family finances might mean that an order against your friend might be greater than it would otherwise be.

I take the point Sera makes. Snag is, trying to tie up the finances now might alert your friend's ex to the possibilities of a late claim and give rise to the very situation you want to avoid. A delay of 15 years in making a claim would be prejudicial to your friend's X's case.

Mike 100468

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20 Oct 07 #5048 by themindboggles
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Mike yes i have read that the courts cant re-distribute the income or assets of third parties, but his fiance is thinking that if there is a pre nup and the worst case scenario happened then it would show any judge that he had alsready relinquished any claim to his fiance ( Wife soon) estate so would in fact be just as poor on paper as they day he parted from ex wife 15 years ago.
TBH I think having recently divorced and gone through financial dissolution whilst i myself have been with a NP may have caused panic as they have seen and heard many a row between myself and my lovely girlfriend about my EX wanting to know all her financies, assets, the form E etc.... and beleive me they went all out to find out my GF financial situation and use it against me... then low and behold the judge dismissed it at the FH.... but i am assuming that is the root cause of my friends fiance's way of thinking...... and with a divorce system like the one we have here whoi can blame her!
Thankyou!

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